tibtwy  of  Che  trHeolocjical  gtmirmy 

PRINCETON    •   NEW  JERSEY 


PRESENTED  BY 

Dr.  Linn  Creighton 
BX  8956  .A62  1873 
Presbyterian  Church  in  the 

U.S.A.  Laws. 
Manual  of  Presbyterian  law 

and  usaae 


/ 


^  OF  PRINCE^ 


r  AL 

FEB    17  1982 


PRESBYTERIAN  LAW  AND  USAGE, 

EMBRACING  ESTABLISHED  AND  RECOGNIZED 

Ecclesiastical  and  Parliamentary  Rules  and  Regulations 


^ 


FOR   THE   GUIDANCE   OF 


CONGREGATIONS  AND  CHURCH  COURTS, 


PROCESSES  AND  PROCEEDINGS  UNDER  THE  CONSTITUTION  AND  FORM  OF 

GOVERNMENT   OF  THE   PRESBYTERIAN   CHURCH   IN   THE 

UNITED   STATES   OF  AMERICA. 


COMPILED 


[LED   BY      / 

IS    B.    McF 


Rev.  THADDEUS   B.   McFALLS, 

Stated  Clerk  of  Washington  City  Presbytery, 

AND 

Rev.  BYRON  SUNDERLAND,  D.  D., 

Pastor  of  the  First  Presbyteriau  Church,  Washington,  D.  C. 


WASHINGTON,  D.  C: 

W.    H.    &   O.    H.    MORRISON. 

Philadelphia:  The  Presbyterian  House. 

New  York:   Dodd  &  Meade. 

1873. 


Entered  according  to  act  of  Congress,  in  the  year  1873, 

Bt  W.  H.  &  O.  H.  MORRISON, 

in  the  office  of  the  Librarian  of  Congress,  at  Washington. 


STEREOTYPED  BT 
['GILL  &  WITHEBOW, 
WASHINGTON,  T>.  C. 


PREFACE. 


The  object  of  the  compilers  has  been  by  no 
means  to  make  laws  or  to  prescribe  rules  for  the 
Church,  but  rather  to  present  in  a  simplified  and 
systematic  form  those  which  are  already  establish- 
ed and  in  use,  for  regulating  and  directing  the  or- 
der of  proceedings  in  all  matters  pertaining  to  the 
Church,  its  ministry,  and  membership;  and  for 
this  purpose  they  have  arranged  their  work  in 
chapters  and  paragraphs,  which  follow  each  other 
as  far  as  may  be  in  logical  succession.  The  para- 
graphs, for  the  sake  of  convenience,  are  marked 
by  the  Arabic  figures,  beginning  with  number  one, 
and  running  on  throughout  the  entire  volume. 
Where  the  paragraphs  could  be  given  in  the  exact 
language  of  the  authority  cited  from,  together  with 
a  reference  to  the  authority  itself,  this  has  been 
done.  Where  it  seemed  necessary,  from  the  exi- 
gencies of  syntax,  to  change  the  language  of  the 
authority  without  affecting  the  sense,  this  has  like- 
wise been  done.     In  some  instances  the  compilers 

iii 


IV  PREFACE. 

have  had  no  guide  but  what  they  conceived  to  be 
the  general  usa£e  of  the  Church,  or  that  which 
seemed  to  be  clearly  and  naturally  deduced  from 
well-known  and  established  principles. 

When  such  paragraphs  occur,  the  reason  for 
embodying  them  in  such  a  work  as  this  must  be 
determined  from  their  intrinsic  import,  or  from 
their  obvious  relation  to  the  subject  concerning 
which  they  are  proposed. 

That  this  was  the  plan  adopted  by  Jefferson 
and  Cushing,  in  forming  their  Manuals  of  Parlia- 
mentary Law,  is  clear  from  the  language  of  one  of 
them  upon  this  very  point :  "  Sometimes,"  says  Jef- 
ferson, "each  authority  cited  supports  the  whole 
passage.  Sometimes  it  rests  on  all  taken  together. 
Sometimes  the  authority  goes  only  to  a  part  of  the 
text,  the  residue  being  inferred  from  known  rules 
and  principles.  For  some  of  the  most  familiar 
forms  no  written  authority  is  or  can  be  quoted : 
no  writer  having  supposed  it  necessary  to  repeat 
what  all  were  presumed  to  know.  The  statement 
of  these  must  rest  on  their  authority."  Another 
object  of  the  compilers  has  been  to  avoid  prolixi- 
ty and  unnecessary  repetition  of  references,  while 
they  have  endeavored  to  embody  all  requisite  forms 
and  principles  from  the  sources  of  authority  to 
which  they  have  had  access. 


PREFACE.  V 

The  abbreviations  will  be  readily  understood  by 
those  who  are  familiar  with  the  subject;  but  for 
those  who  need  explanation  the  following  may 
suffice: 

B.  D.,  for  Book  of  Discipline. 

C.  F.y  for  Confession  of  Faith. 

D.  W.y  for  Directory  of  Worship. 

F.  G.,  for  Form  of  Government. 

G.  A.,  for  General  Assembly,  &c. 

G.  A.  Rule,  for  General  Assembly's  Rules. 

M.  G.  A.y  for  Minutes  of  the  General  Assembly. 

M.  N.  S.  G.  A.,  for  Minutes  New  School  Gen- 
eral Assembly. 

M.  O.  S.  G.  A.y  for  Minutes  Old  School  General 
Assembly. 


CONTENTS. 


Page 
Introduction 11 

•    CHAPTER  I. 
The  Constitution 21 

CHAPTER  II. 
Foemation  or  a  particular  Church 25 

CHAPTER  III. 
The  Rights  and  Duties  of  Church  Members  and 
Non-communicants,  with  Rules  for  Congre- 
gational Meetings 33 

CHAPTER  IV. 
The  Church  Session 42 

CHAPTER  V. 
The  Presbytery 51 

CHAPTER  VI. 
The  Synod 70 

CHAPTER  VII. 

The  General  Assembly 75 

vii 


Vlll  CONTENTS. 

CHAPTER  VIII.  Page 

Officers  of  Church  Courts 87 

CHAPTER  IX. 
Committees  and  Commissions 90 

CHAPTER  X. 
Jurisdiction  of  Church  Courts 102 

CHAPTER  XI. 
The  Election  and  Ordination  of  Ruling  El- 
ders and  Deacons,  and  the  Installation  of 
Elders  removing  to  other  Churches 109 

CHAPTER  XII. 
Licensing  Candidates  to  Preach  the  Gospel 
and  Ordaining  Ministers 116 

CHAPTER  XIII. 
Election  and  Call  of  Pastors  or  Bishops 130 

CHAPTER  XIV. 
Removing  a  Minister    or  Pastor    from    one 
Charge  to  another,  manner  of  Installation, 
and  Resignation  of  a  Pastoral  Charge 137 

CHAPTER  XV. 
Vacant  Congregations  and  Missions 144 

CHAPTER  XVI. 
Quorum  for  Judicial  Purposes 146 


CONTENTS.  IX 

CHAPTER  XVII.  Page 

Judicial  Cases — Preliminary  Considerations 
and  Measures 150 

CHAPTER  XVIII. 
The  Trial 161 

CHAPTER  XIX. 
Mode  of  Passing  Sentence  and  Restoring  Peni- 
tents   171 

CHAPTER  XX. 
Process  against  a  Minister 179 

CHAPTER  XXI. 
New  Testimony  and  New  Trial 185 

CHAPTER  XXII. 
Dissents  and  Protests 189 

CHAPTER  XXIII. 
Various  Ways  of  Carrying  a  Cause  from  a 
Lower  to  a  Higher  Court 194 

CHAPTER  XXIV. 

Parliamentary  Rules 217 

Part   I.  Moderator  and  Stated  Clerk 217 

II.  Introduction  of  Business 224 

III.  Rights    and   Duties    of    Members    of 

Courts 230 

IV.  Privileged  Questions 239 

V.  Question '. 256 


X  CONTENTS. 

CHAPTER  XXV.  Page 

Baptism  of  Infants  and  Adults 262 

CHAPTER  XXVI. 
Administration  of  the  Lord's  Supper... 271 

CHAPTER  XXVII. 
Solemnization  of  Marriage 278 

CHAPTER  XXVIII. 
Burial  of  the  Dead 285 

CHAPTER  XXIX. 
Miscellaneous  Matters 293 


Appendix 299 


INTRODUCTION. 


The  first  churches  of  the  Presbyterian 
order  planted  in  this  country  were  formed 
in  Maryland,  between  the  years  of  1670-80. 
Other  churches  of  the  same  order  soon  fol- 
lowed in  most  of  the  Colonies,  and  were 
scattered  along  the  Atlantic  coast. 

In  1706  the  first  Presbytery  was  organ- 
ized, and  was  styled  "The  Presbytery  of 
Philadelphia."  In  1716  the  first  Synod 
was  formed,  consisting  of  the  four  Presby- 
teries of  Philadelphia,  New  Castle,  Snow 
Hill,  and  Long  Island.  It  was  styled  "  The 
Synod  of  Philadelphia." 

From  the  period  of  the  formation  of  this 
Synod  the  body  rapidly  increased,  by  addi- 
tions from  New  England  and  the  Jerseys, 
and  the  tide  of  emigrants  from  Scotland, 
Ireland,  Wales,  France,  Holland,  and  Swit- 
zerland. 

11 


12  INTRODUCTION. 

Thus  the  Colonial  Presbyterian  Church 
early  assumed  a  heterogeneous  character, 
and  the  harmony  of  its  views  was  seriously 
impaired.  The  most  prominent  points 
which  excited  a  conflict  of  opinion  were  the 
conditions  of  the  reception  of  candidates  for 
the  Gospel  ministry,  and  the  strict  adher- 
ence to  presbyterial  order.  Two  parties 
were  thus  produced,  called  the  "  Old  Side" 
and  the  "New  Side." 

In  1741  the  Synod  was  rent  asunder,  the 
"Old  Side"  remaining  under  the  title  of 
"The  Synod  of  Philadelphia,"  and  the 
"New  Side"  assuming  the  organization 
and  title  of  "The  Synod  of  New  York." 

The  Synod  of  Philadelphia  more  particu- 
larly patronized  the  academies  of  New  Lon- 
don and  Newark,  in  the  Delaware  Colony ; 
while  the  Synod  of  New  York  established 
the  College  of  New  Jersey,  which  was 
finally  located  at  Princeton. 

In  1758,  however,  the  two  Synods  were 
reunited,  under  the  title  of  "  The  Synod  of 
New  York  and  Philadelphia." 

In  1785,  the  independence  of  the  United 


INTRODUCTION.  13 

States  having  been  established,  the  reuni- 
ted Synod  commenced  measures  looking  to 
the  adoption  of  a  form  of  .government  for 
the  Church  suited  to  its  condition  in  the  new 
Eepublic.  A  committee  was  appointed  "  to 
take  into  consideration  the  constitution  of 
the  Church  of  Scotland,  and  other  reformed 
Churches,"  and  to  form  a  complete  system 
for  the  organization  of  the  Presbyterian 
Church  in  the  United  States. 

In  1788  this  work  was  completed,  by  di- 
viding the  old  Synod  into  the  four  Synods 
of  New  York  and  New  Jersey,  Philadel- 
phia, Virginia,  and  the  Carolinas,  and  con- 
stituting over  these,  as  a  bond  of  union,  a 
General  Assembly,  similar  to  the  General 
Assembly  of  the  Church  of  Scotland.  The 
Westminster  Confession  of  Faith  with 
three  slight  alterations,  and  the  Larger 
and  Shorter  Catechisms  with  a  single 
alteration,  were  adopted,  and  have  since 
undergone  no  revision.  A  Directory  of 
Worship  and  a  Form  of  Government  and 
Book  of  Discipline  were  likewise  adopted. 
The  Directory  of  Worship  and  the  Form  of 


14  INTRODUCTION. 

Government  and  Discipline  have  been  some- 
what modified  by  subsequent  revisions  and 
emendations.    . 

In  1801a  "Plan  of  Union"  was  adopted, 
designed  for  the  accommodation  "of  Pres- 
byterians and  Congregationalism  in  the 
new  settlements."  This  arrangement  soon 
developed  a  conflict  between  two  parties  in 
the  Church,  which,  aggravated  by  various 
other  influences  in  process  of  time,  at  length 
culminated  in  the  Act  of  Excision  in  1837. 
By  this  act  the  Presbyterian  body  was  again 
rent  asunder,  and  the  result  was  the  exist- 
ence of  two  organizations,  properly  known 
as  "The  Old  School  General  Assembly" 
and  "  The  New  School  General  Assembly." 

The  "Old  School  Assembly"  rejected 
the  entire  arrangement  of  the  "Plan  of 
Union  "  with  the  Congregationalists,  and 
retained  the  great  mass  of  the  Presbyterian 
churches  located  in  the  Southern  States, 
and  then  complicated  with  the  institution 
of  slavery.  The  ' '  New  School  Assembly ' ' 
more  generally  favored  the  results  of  the 
arrangement  with  the  Congregationalists 


INTRODUCTION.  15 

and  co-operation  in  matters  of  benevolence, 
and  were  likewise,  as  a  body,  more  decided 
in  their  opposition  to  the  system  of  slavery, 
having  but  comparatively  few  Presbyter- 
ies in  the  South. 

In  1857  these  Southern  Presbyteries  se- 
ceded from  the  "New  School  Assembly  " 
on  the  question  of  slavery,  and  formed  the 
independent  "  Synod  of  Knoxville." 

In  1861  the  war  of  the  Rebellion  broke 
out  upon  the  same  question,  whereupon  the 
whole  body  of  Southern  Presbyterians,  be- 
fore connected  with  the  "Old  School  As- 
sembly," withdrew  from  that  body,  and, 
together  with  the  Knoxville  Synod,  finally 
formed  an  organization  which  is  now  styled 
"The  General  Assembly  of  the  Presby- 
terian Church  of  the  United  States." 

Meanwhile  the  "Old  School  Assembly  " 
of  the  North,  freed  from  its  Southern  com- 
plications, and  the  "New  School  Assem- 
bly," having  sensibly  changed  ground  in 
regard  to  its  relations  and  co-operation  with 
the  Congregationalists,  measures  were  ini- 
tiated which  happily  resulted,  in  1868-69, 


16  INTRODUCTION. 

in  the  reunion  of  the  two  Northern  Assem* 
blies  under  the  present  title  of  ic The  Gen- 
eral Assembly  of  the  Presbyterian  Church 
in  the  United  States  of  America." 

From  an  early  period  other  Presbyterian 
bodies  have  existed  in  this  country,  but  they 
are  entirely  distinct  and  separate  organiza- 
tions, and  wholly  independent  in  their  doc- 
trines and  polity. 

At  the  time  of  the  adoption  of  the 
constitution,  in  1788,  the  Presbyterian 
General  Assembly  embraced  four  Synods, 
sixteen  Presbyteries,  four  hundred  and 
nineteen  churches,  and  one  hundred  and 
seventy-seven  ministers.  The  Presbyteries 
divided  the  churches  in  the  following  pro- 
portions :  Suffolk  had  13  churches,  Dutch- 
ess 9,  New  York  39,  New  Brunswick  26, 
Philadelphia  22,  New  Castle  27,  Lewes  19, 
Baltimore  12,  Carlisle  56,  Redstone  27, 
Lexington  27,  Hanover  21,  Orange  71, 
Abingdon  25,  South  Carolina  45,  and 
Transylvania  10. 

At  the  present  time,  (1872,)  as  appears 
from  the  published  Minutes  of  the  General 


INTRODUCTION.  17 

Assembly  for  the  current  year,  of  course 
exclusive  of  the  statistics  of  other  branches 
of  the  Church,  the  organization  embraces  35 
Synods,  166  Presbyteries,  4,730  churches, 
and  4,441  ministers,  with  323  licentiates, 
and  767  candidates. 

For  this  large  and  powerful  body  of 
Christian  people  there  has  long  been 
needed  a  manual  of  laws,  regulations, 
and  usages,  so  arranged  as  to  bring  within 
easy  access  a  knowledge  of  the  order  of  pro- 
ceedings in  every  department  of  the  busi- 
ness and  government  of  the  Church ;  and 
which  shall  be  a  guide  to  every  member, 
officer,  and  minister  of  the  denomination. 

Whoever  will  examine  the  present  con- 
dition of  our  ecclesiastical  legislation  will 
not  fail  to  discover  the  necessity  of  its  codifi- 
cation. And,  indeed,  it  is  quite  impractica- 
ble for  the  great  majority  of  the  Church  to 
attain  any  adequate  acquaintance  with  the 
subject.  Yet  every  individual,  however 
humble,  should  have  competent  infor- 
mation, both  as  to  our  Church  laws  and 
usages,  and  as  to  the  rules  and  regulations 


18  INTRODUCTION. 

of  parliamentary  business  in  our  public  re- 
ligious assemblies  and  church  courts. 

The  book  known  as  "The  Confession  of 
Faith/  *  containing  likewise  the  Larger  and 
Shorter  Catechisms,  the  Form  of  Govern- 
ment and  Book  of  Discipline,  the  Directory 
of  Worship  and  the  Rules  for  Judicatories, 
must  be  regarded  always  as  the  first  source 
of  this  information.  But  owing  to  the  im- 
perfect arrangement  of  several  parts,  con- 
fusion and  embarrassment  often  arise  in  the 
application  of  certain  principles,  and  in  the 
adoption  of  certain  modes  of  procedure 
which  the  volume  prescribes. 

Besides  this,  there  have  been  published 
at  different  times  three  Digests  or  Codifica- 
tions of  the  Acts  and  Decisions  of  the  Gen- 
eral Assembly:  one  in  1820,  one  for  the 
Old  School  Assembly  in  1855,  and  "one  for 
the  New  School  Assembly  in  1861.  These 
volumes,  while  exceedingly  valuable  and 
important  for  many  purposes,  are,  both  as 
to  structure  and  expense,  quite  beyond  the 
reach  of  the  general  membership  of  the 
Church.     They  are  likewise   defective  in 


INTRODUCTION.  19 

those  points  which  have  been  acted  upon 
in  the  General  Assembly  since  the  date  of 
their  publication. 

And  beyond  this  there  seems  to  be  a  clear 
necessity  for  setting  before  the  people  and 
ministry  of  the  Church  a  fuller  exposition 
of  the  rules  of  parliamentary  proceedings, 
as  they  now  obtain  in  the  great  forums  of 
the  civilized  and  Christian  world.  For  this 
purpose,  in  addition  to  an  examination  of 
all  the  archives  of  the  Church  down  to  the 
present  time,  the  well-known  Manuals  of 
Jefferson  and  Cushing  and  the  books  of 
Standing  Kules  for  both  Houses  of  Con- 
gress have  been  brought  into  requisition. 

The  design  has  been  from  these  sources 
to  collate  and  put  into  a  compact  and  intel- 
ligible form  all  the  principles,  laws,  and 
usages  of  the  Presbyterian  Church  in  these 
United  States,  and  to  crown  the  whole  with 
a  copious  index  of  every  subject  about  which 
it  may  be  necessary  to  inquire. 

WESTMINSTER  BOOK  OF  PRAYER. 

There  is  one  book  we  desire  to  notice  in 


20  INTRODUCTION. 

this  connection,  with  which  the  great  mass 
of  Presbyterians  of  our  times  have  little  or 
no  acquaintance.  It  is  the  Book  of  Prayer 
of  the  Westminster  Divines,  and  though  so 
long  in  general  disuse,  no  work  of  the  kind 
is  its  superior  in  our  language.  We  have 
cited  from  this  volume  some  paragraphs  in 
relation  to  the  mode  of  administering  the 
ordinances,  which  will  be  found  exceeding- 
ly appropriate. 

The  compilers,  in  concluding  their  task, 
indulge  the  hope  that  this  little  volume, 
the  result  of  protracted  and  tedious  labor, 
will  be  found  full,  accurate,  and  reliable, 
and  become  a  source  of  useful  information 
and  constant  convenience  in  every  portion 
of  our  beloved  Church. 

Washington,  D.  C,  December,  1872. 


MANUAL 

OF 

PRESBYTERIAN  LAW  AND  USAGES, 


CHAPTER  I. 

THE  CONSTITUTION. 

§  1.  This  is  a  general  term,  given  to  the 
adopted  written  standards  of  the  Church, 
expressing  its  ecclesiastical  authority,  and 
embracing  the  fundamental  principles, 
rules,  and  regulations  of  the  Church. 

§  2.  It  recognizes  the  theocratic  principle 
in  the  confession  of  Jesus  Christ  as  the  sole 
head  of  the  Church,  and  by  accepting  the 
Scriptures  of  the  Old  and  New  Testaments 
as  the  Word  of  God  and  the  only  infallible 
rule  of  faith  and  practice,  maintaining 
that  all  power  given  for  the  existence  and 
perpetuity  of  the  Church  is  derived  from 
Christ,  and  that  no  ordinances  or  offices 

21 


22  MANUAL  OF  LAW  AND  USAGE. 

are  of  divine  appointment  and  binding  ob- 
ligation but  such  as  are  clearly  taught  in 
the  Word  of  God  or  plainly  deduced  there- 
from.— C.  F.  ch.  xxv,  par.  i-vi;  F.  G.  ch. 
ii,  par.  i-iv ;  ch.  ii,  par.  i,  ii. 

§  3.  It  recognizes  the  democratic  princi- 
j")le,  in  defining  the  rights  of  the  people  in 
all  matters  pertaining  to  religion  and  to 
ecclesiastical  government,  and  in  affording 
all  practicable  means  for  the  maintenance* 
and  defence  of  the  same. — F.  G.  ch.  i,  par. 
i-viii;  ch.  v,  par.  i;  ch.  viii,  par.  i,  ii. 

§  4.  It  recognizes  at  the  same  time  the 
social  and  civil  relations  of  a  society  or 
community,  and  does  not  propose  in  any 
way  to  interfere  with  them. — Ibid. 

§  5.  It  provides  for  the  gathering  of  re- 
ligious assemblies  and  congregations  of 
people,  and  the  formation  of  particular 
Christian  churches  in  different  localities. — 
F.  G.  ch.  ii,  par.  iv;  G.  A.  1831. 

§  6.  It  provides  for  the  general  organi- 


THE  CONSTITUTION.  23 

zation  of  such  churches  or  congregations 
under  a  certain,  distinct,  and  well-defined 
form  of  government,  which,  being  founded 
upon  the  Scriptures,  thus  derives  its  bind- 
ing force  upon  all  those  who  voluntarily 
enter  into  such  organization  and  continue 
in  fealty  to  the  same. — F.  G.  ch.  viii,  par. 
i,  ii. 

§  7.  It  provides  a  system  of  ecclesiastical 
judicatories  by  which  the  administration  of 
all  government  in  the  Church  is  to  be  car- 
ried forward. — F.  G.  ch.  ix,  xii. 

§  8.  It  makes  churches,  in  all  actions  and 
measures  taken  by  them  of  a  purely  eccle- 
siastical nature,  subject  to  the  jurisdiction 
of  said  courts. — Ibid. 

§  9.  It  recognizes  in  its  discipline  no 
other  penalty  as  the  supreme  punishment 
for  the  offending  or  contumacious  than 
summary  expulsion  from  the  Church  and 
all  its  immunities. — F.  G.  ch.  viii,  par.  ii. 

§  10.  In  conclusion,  the  radical  princi- 


24  MANUAL  OF  LAW  AND  USAGE. 

pies  of  Presbyterian  church   government 

and  discipline  are — 

(a)  That  the  several  different  congre- 
gations of  believers,  taken  collectively, 
constitute  one  Church  of  Christ,  the 
universal  visible  Church  on  earth. 

(6)  That  a  larger  part  of  the  Church, 
or  a  representation  of  it,  should  govern  a 
smaller,  or  determine  matters  of  contro- 
versy which  arise  therein. 

(c)  That  in  like  manner  a  representa- 
tion of  the  whole  should  govern  and  de- 
termine in  regard  to  every  part  and  to  all 
the  parts  united,  that  is,  that  a  majority 
shall  govern;  and  consequently  that  ques- 
tions of  importance  may  be  carried  from 
the  lower  to  the  higher  judicatories,  till 
they  be  finally  decided  by  the  collected 
wisdom  and  united  voice  of  the  whole 
Church. 

(d)  For  these  principles  and  this  pro- 
cedure authority  is  found  in  the  example 
of  the  Apostles  and  the  practice  of  the 
primitive  Church. — F.  G.  ch.  xii,  note. 


FORMATION  OF  A  PARTICULAR  CHURCH.     25 

CHAPTER  II. 

FORMATION  OF  A  PARTICULAR  CHURCH. 

§  11.  Whenever  in  any  locality,  not 
having  an  organized  church,  there  shall 
be  found  a  number  of  persons  associated  as 
Christian  believers  and  desirous  to  be  or- 
ganized into  a  Presbyterian  church,  they 
should  make  application  to  the  Presbytery 
within  whose  bounds  they  are  located  for 
such  organization. — 31.  G.A.  1831,  £>.  326. 

§  12.  But  when,  from  remoteness  of  dis- 
tance or  other  controlling  reasons,  they 
find  this  impracticable,  they  should  apply 
to  any  minister  or  missionary  of  our  Church 
who  may  be  available. — Ibid. 

§  13.  When  assembled  for  organization, 
the  meeting  shall  be  opened  with  prayer 
by  the  minister  presiding,  who  shall  then 
proceed  first  to  receive  the  certificates  of 
church  membership  in  other  churches  from 


26  MANUAL  OF  LAW  AND  USAGE. 

those  who  are  present,  and  next  to  receive 
on  a  public  profession  of  their  faith  any 
who  may  be  judged  suitable  after  exami- 
nation, and  to  baptize  such  as  have  never 
been  baptized. — Ibid. 

§  14.  All  thus  ascertained  to  be  pre- 
pared to  enter  into  an  organization  should 
then  by  some  public  formal  act,  such  as 
rising,  joining  or  raising  hands,  or  sub- 
scribing a  written  statement,  agree  and 
covenant  to  walk  together  in  a  church 
relation,  according  to  the  acknowledged 
doctrines  and  order  of  the  Presbyterian 
Church. — Ibid. 

§  15.  The  next  step  is  to  proceed  to  the 
election  and  ordination  of  ruling  elders 
in  conformity  with  the  directions  of  our 
form  of  government. — Ibid. 

§  16.  Deacons  are  to  be  elected  and  or- 
dained in  like  manner  as  in  the  case  of 
ruling  elders. — Ibid. 

§  17.  At  the  organization  of  every  par- 


FORMATION  OF  A  PARTICULAR  CHURCH.     27 

ticular  church  or  congregation  there  should 
be  adopted  a  form  of  admission  to  member- 
ship, embracing  articles  of  faith  and  a  sol- 
emn covenant,  also  some  form  of  a  charter 
or  constitution  and  by-laws  for  their  gov- 
ernment in  their  congregational  capacity. 
(See  Forms  in  Appendix.) 

§  18.  In  the  procurement  of  church  char- 
ters and  other  legal  instruments  care  must 
be  taken  to  have  them  so  formed  as  not  to 
conflict  with  the  principles  or  the  order  of 
the  Presbyterian  Church.—  M.  0.  S.  G.  A. 
1838,  i>.  26. 

§  19.  The  trustees  of  a  particular  church 
or  congregation  may  not  infringe  upon  the 
authority  and  duty  of  the  Session,  or  in- 
terfere with  the  office  and  functions  of  the 
deacons.  Their  power  is  limited  by  the 
tenor  of  their  trust ;  upon  any  violation  of 
which  recourse  must  be  had  first  to  the 
congregation,  then  to  Presbytery,  and 
finally,  if  requisite,  to  the  legal  tribunals. 
— M.   0.  S.  G.  A.  1863,  p.  44;    Decision 


28  MANUAL  OF  LAW  AND  USAGE. 

of  U.  S.  Supreme  Court,  recorded  in  M.  G. 
A.  1872,  jgp.  181, 182, 

§  20.  When  members  of  a  particular 
church  in  good  standing  change-their  res- 
idence or  desire  for  any  other  valid  reason 
to  remove  their  membership  to  another 
church,  they  are  entitled  to  letters  of  dis- 
mission; and  when  requested,  it  is  the 
duty  of  the  Session  promptly  to  prepare 
them.—  M.  G.  A.  1871,  .p.  587. 

§  21.  When  members  of  a  particular 
church,  in  good  standing  and  repute,  are 
about  to  go  from  it  on  an  uncertain  des- 
tination, it  shall  be  the  duty  of  the  Ses- 
sion, when  requested,  to  furnish  such  mem- 
bers with  letters  of  general  credence  or 
testimonials  of  orderly  church  membership 
to  all  Christian  people  among  whom  their 
lot  may  be  cast. — Ibid. 

§  22.  When  any  member  so  dismissed 
by  one  church  shall  have  been  received  by 
another,  it  shall  be  the  duty  of  the  latter 


FORMATION  OF  A  PARTICULAR  CHURCH.     29 

immediately  to  notify  the  former  church  of 
the  fact. — Ibid. 

§  23.  When  any  church  member  shall 
remove  from  one  congregation  to  another, 
he  is  to  he  admitted  upon  certificate,  as 
before  provided,  unless  the  church  Session 
by  which  he  is  to  be  received  has  other 
satisfactory  means  of  information. — B.  D. 
ch.  xi,  par.  i. 

§  24.  When  persons  so  removing  neglect 
for  a  considerable  time  to  apply  for  testi- 
monials of  dismission,  the  Session,  unless 
they  have  reliable  information  of  more  re- 
cent date,  shall  testify  to  their  character 
only  up  to  the  time  of  their  removal. — B. 
D.cli.  xi,  par.  Hi. 

§  25.  If  a  church  member,  having  been 
absent  from  his  church  for  more  than  two 
years,  shall  apply  for  a  certificate  of  dis- 
mission, his  absence  and  the  ignorance  of 
the  church  respecting  his  demeanor  for 
that  time  shall  be  distinctly  stated  in  the 
certificate. — B.  D.  ch.  xi,  par.  iv. 


30  MANUAL  OF  LAW  AND  USAGE. 

§  26.  No  certificate  of  church  member- 
ship shall  be  valid,  if  it  be  not  presented 
within  one  year  from  its  date,  except  when 
there  has  been  no  opportunity  for  present- 
ing it. — B.  I).,  ch.  xi,  par.  ii. 

§  27.  When  unbaptized  persons  are  to 
be  received  into  church  membership,  they 
must  give  to  the  Session  of  the  church  sat- 
isfactory evidence  of  piety,  and  on  assent- 
ing to  the  articles  of  faith  they  must  be 
baptized  in  the  presence  of  the  assembly, 
and  complete  their  reception  by  entering 
into  a  covenant  with  the  church. — D.  TV. 
ch.  ix. 

§  28.  The  baptized  children  of  the  church 
become  members  in  full  communion  by  as- 
senting to  the  articles  of  faith  and  the  cove- 
nant. The  time  and  fitness  of  such  child- 
ren for  admission  to  be  determined  by  the 
Session. — D.  W.  ch.  ix,  par.  i-iii. 

§  29.  A  church  member  is  always  amen- 
able to   the  discipline  of  that    particular 


FORMATION  OF  A  PARTICULAR  CHURCH.     31 

church  of  which  he  has  become  a  member 
by  examination  and  the  public  profession 
of  his  faith  or  by  certificate  from  another 
church. — F.  G.  ch.  ix,par.  vi. 

§  30.  The  ordinances  of  a  particular 
church,  which  is  regularly  constituted  with 
its  proper  officers,  are  prayer,  singing 
praises  to  God,  reading,  expounding,  and 
preaching  His  Word,  administering  bap- 
tism and  the  Lord's  supper,  public  solemn 
fasting  and  thanksgiving,  catechising, 
making  collections  for  the  poor  and  other 
pious  purposes,  exercising  discipline,  and 
blessing  the  people. — F.  G.  ch.  vii,par.  i. 

§  31.  When  a  church  has  been  thus  or- 
ganized, report  of  the  same  should  be  made 
as  soon  as  practicable  to  the  Presbytery 
within  whose  bounds  it  is  located.  And 
when  a  missionary  or  other  minister,  not 
specially  appointed  to  the  work  by  Presby- 
tery, has,  in  the  manner  above  specified, 
organized  a  church,  not  within  the  known 
bounds  of  any  other  church  or  of  a  Presby- 


32  MANUAL  OF  LAW  AND  USAGE. 

tery,  the  church  thus  organized  should\ 
as  soon  as  practicable,  make  known  to  some 
Presbytery  with  which  it  may  be  most 
naturally  and  conveniently  connected  the 
time  and  manner  of  its  organization,  and 
desire  to  be  received  under  care  of  said 
Presbytery.— if.  G.  A.  1831,  p.  177. 


EIGHTS  AND  DUTIES  OF  MEMBERS,  &C.      33 


CHAPTER  III. 

THE  RIGHTS  AND  DUTIES  OF  CHURCH  MEMBERS 
AND  NON-COMMUNICANTS,  WITH  RULES  FOR 
CONGREGATIONAL  MEETINGS. 

§  32.  A  particular  church  is  a  body  of 
Christian  believers,  with  their  offspring, 
who  are  united  together  in  one  congrega- 
tion in  a  particular  locality  to  receive  and 
enjoy  the  ordinances  of  Christ's  house,  to 
discharge  the  obligations  and  perform  the 
duties  enjoined  upon  them  by  the  Holy 
Scriptures  and  the  constituted  authorities 
to  which  they  voluntarily  submit,  and  for 
the  accomplishment  of  which  they  enter 
into  solemn  covenant  with  God  and  their 
fellow  Christians  on  becoming  members  in 
full  communion.  — .F.  G.  ch.  ii,  par.  iv. 


§  33.  Members  of  the  church  so  consti- 
tuted, male  and  female,  in  full  communion 
and  in  good  and  regular  standing,  and  they 
3 


34  MANUAL  OF  LAW  AND  USAGE. 

only ,  are  entitled  to  participate  and  vote  in 
all  meetings  for  the  transaction  of  business, 
temporal  and  spiritual,  pertaining  to  the 
interest  and  wellare  of  such  church. — M. 
O.S.G;A.lSM,p.tei 

§  34.  Every  member  of  the  church  has 
the  right  to  lay  his  grievances  before  the 
Session  for  redress ;  to  appeal  from  the  de- 
cision of  the  Session  in  his  case,  or  to 
complain  to  the  Presbytery  against  the 
executive  course  or  action  of  the  Session  in 
any  case. — B.  D.  ch.  vii,  sec.  iv,  par.  Hi. 


deprived  of  the  aforesaid  rights  but  by 
regular  trial  and  conviction  by  the  Session. 
B.  D.  ch.  iv,  par.  xvii. 

§  36.  When  any  member  of  the  church 
shall  be  cited  for  trial  before  the  Session,  he 
must  have  due  notice  (ten  days)  from  the 
Session  of  the  nature  of  the  charge  or  com- 
plaint to  be  laid  against  him,  with  the 
specifications  and  the  names  of  the  wit- 


RIGHTS  AND  DUTIES  OF  MEMBERS,  &C.       35 

nesses  to  be  produced  against  him,  and  of 
the  time  and  place  of  meeting. — B.  D.  ch. 
iv,  par.  viij  viii. 

§37.  When  any  member  of  the  church 
is  so  notified  to  appear  for  trial,  and  shall 
ask  for  counsel  on  the  ground  of  his  ina- 
bility or  incompetency  to  conduct  his  own 
case,  he  shall  be  entitled  to  have  such 
counsel  assigned  him  by  the  judicatory 
from  among  its.  own  members. — B.  D.  ch. 
iv,  par.  xxi. 

§  38.  When  any  member  of  the  church 
shall  have  cause  of  complaint  against  an 
individual  minister,  he  shall  not  bring  the 
case  before  the  Session,  but  before  the  Pres- 
bytery, his  court  of  trial, — B.  D.  ch.  v, 
par.  ii,  v. 

Non-  Communicants. 

§  39.  Associated  with  every  particular 
church  are  persons  who,  though  not  mem- 
bers, yet  for  various  reasons  contribute  to 
its  support.  Such  persons  have  no  rights 
in  our  church  courts,  not  even  to  prosecute 


36  MANUAL  OF  LAW  AND  USAGE. 

a  case,  since  they  are  not  amenable  to  their 
jurisdiction. 

§  40.  They  are  usually  styled  non-com- 
municants, and  have  no  voice  in  the  elec- 
tion of  ruling  elders  and  deacons. — 31.  G. 
-4. 1830,^.9;   O.S.G.A.1855,p.299. 

§  41.  Nevertheless  to  such  persons,  by 
general  usage,  have  been  accorded  the  fol- 
lowing ecclesiastical  privileges: 

(a)  To  vote  in  the  election  of  a  pastor. 

(b)  To  be  represented  on  the  board 
of  trustees  and  in  all  other  temporal 
committees. 

(c)  To  be  represented  in  the  number 
of  commissioners  to  Presbytery  in  the 
matter  of  the  dissolution  of  a  pastoral 
relation;  and 

(d)  To  petition,  inform,  and  testify  in 
matters  of  church  discipline. 

Congregational  3Ieetings. 

[A  distinction  must  be  observed  between 
a  congregational  meeting  of  communicants 


RIGHTS  AND  DUTIES  OP  MEMBERS,  &C.       37 

and  a  congregational  meeting  embracing 
non-communicants :  in  the  first  the  spirit- 
ual affairs  of  the  church  are  transacted,  in 
which  non-communicants  have  no  rights 
and  can  be  present  only  by  courtesy;  in 
the  second  the  temporal  affairs  are  trans- 
acted, in  which  non-communicants  partici- 
pate. And  the  rules  or  by-laws  of  the  sec- 
ond cannot  apply  in  the  first,  as  this  would 
imply  that  non-communicants  may  make 
laws  for  the  government  of  the  church.] 

§  42.  The  church  Session  is  the  only 
authority  to  convene  a  congregational 
meeting  for  the  election  of  a  pastor,  of 
elders  or  deacons,  or  for  the  transaction  of 
business  pertaining  to  the  spiritual  inter- 
ests of  the  church. — F.  G.  ch.  xv,  par  A. 

§43.  It  shall  always  be  the  duty  of  the 
Session  to  convene  a  congregational  meet- 
ing, when  a  majority  of  the  persons  enti- 
tled to  vote  in  the  case  shall  by  petition 
request  that  a  meeting  may  be  called. — F. 
G.  ch.  xv,  par.  i. 


38  MANUAL  OF  LAW  AND  USAGE. 

§  44.  When  a  congregational  meeting 
is  held  for  the  election  of  a  pastor,  a  min- 
ister of  the  Presbytery  must  preside,  un- 
less highly  inconvenient  on  account  of 
distance  ;  in  which  case  a  member  of  the 
Session  may  preside. — F.  G.  ch.  xv,par.  ii. 

§  45.  As  a  general  principle,  a  minister 
of  another  Presbytery  from  that  to  which 
the  church  belongs  ought  not  to  preside 
over  any  of  its  meetings,  as  he  would  not 
be  responsible  directly  to  its  Presbytery. 

§  46.  When  a  congregational  meeting  is 
held  for  the  election  of  elders  or  deacons  or 
for  the  transaction  of  business  pertaining 
to  the  spiritual  interests  of  the  church,  the 
pas,tor  is  president  ex  officio;  in  a  vacant 
church,  a  member  of  the  Session  must  pre- 
side when  it  is  highly  inconvenient  to  ob- 
tain the  services  of  a  minister  of  the  Pres- 
bytery to  which  such  church  belongs ;  and 
the  clerk  of  the  Session  shall  be  clerk  of 
the  meeting  and  keep  a  record  of  the  pro- 
ceedings. 


RIGHTS  AND  DUTIES  OF  MEMBERS,  &C.      39 

§  47.  When  a  congregational  meeting  is 
held  for  the  election  of  trustees,  or  for  the 
transaction  of  any  other  purely  temporal 
business,  the  congregation  may  elect  the 
chairman  arid  other  officers,  and  proceed 
according  to  the  local  laws  and  usages 
governing  said  congregation. 

§  48.  In  any  congregational  meeting, 
the  minority,  feeling  aggrieved  or  believing 
their  rights  infringed,  or  believing  that 
the  actions  of  the  majority  are  contrary  to 
the  government  of  the  church,  or  to  the 
peace  and- welfare  of  the  congregation,  may 
complain  to  the  Session,  and  from  the 
Session  they  may  bring  the  matter  to  the 
Presbytery  by  complaint  or  appeal. 

§49.  In  case  of  a  supposed  default  of 
proper  action  or  the  neglect  or  refusal  of 
duty  on  the  part  of  the  Session,  it  is  the 
right  of  the  minority  to  demand  the  proper 
action  in  writing,  properly  signed  and 
directed  to  the  Session  ;  and  in  case  the 
Session  still  neglect  or  refuse  to  perform 


40  MANUAL  OF  LAW  AND  USAGE. 

their  duty,  this  will  be  a  cause  for  com- 
plaint to  the  Presbytery  which  will  lie 
against  the  Session. 

Exceptions. 

§  50.  A  minority  may  not  complain  or 
appeal  from  the  action  of  a  congregational 
meeting  directly  to  the  Presbytery,  but  must 
first  seek  redress  from  the  Session.  This 
does  not  debar  the  right  of  petition. 

§  51.  In  a  congregational  meeting,  where 
a  minister  is  required  by  our  form  of  gov- 
ernment to  preside,  the  minister  must  de- 
cide all  points  of  law  and  order  :  an  appeal 
may  not  be  taken  to  the  congregation  from 
any  of  his  rulings  or  decisions.  If  the 
congregation,  or  any  members  thereof,  feel 
aggrieved  by  such  rulings  or  decisions,  they 
may  file  exceptions,  to  be  laid  before  the 
Presbytery  to  which  he  is  responsible. 

§  52.  The  same  course  must  be  pursued 
when  an  elder  presides :  the  exceptions 
must  be  laid  before  the  reviewing  court. 


RIGHTS  AND  DUTIES  OF  MEMBERS,  &C.       41 

If  for  the  election  of  a  pastor,  before  tlie 
Presbytery;  if  for  any  other  purpose,  then 
before  the  Session. 

§  53.  In  case  a  congregational  meeting 
sh,ould  proceed  contrary  to  the  judgment 
and  in  spite  of  the  protest  of  the  Session 
to  the  election  of  a  pastor,  or  the  adoption 
of  any  system  of  proceeding  inconsistent 
with  the  real  and  permanent  edification 
of  the  people,  the  Session  should  seek  re- 
dress from  the  Presbytery. 

§  54.  A  member  of  the  church  in  good 
standing  cannot  be  debarred  from  voting 
by  a  vote  of  the  congregation.  No  vote  of 
the  congregation  of  a  Presbyterian  church, 
can  affect  the  rights  of  a  member  as  such : 
all  such  power  is  vested  in  the  Session. — 
M.  O.S.  £.A  1866,^.54. 

§  55.  A  congregation,  with  the  concur- 
rence of  the  Session,  may  refer  any  matter 
of  difficulty  to  the  Presbytery  for  their 
advice  or  final  decision. 


42  MANUAL  OF  LAW  AND  USAGE. 

CHAPTER  IV. 

THE  SESSION. 

§  56.  The  church  Session  consists  of  the 
pastor  or  pastors  and  ruling  elders  of  a  par- 
ticular congregation. — F.  G.  ch.  ix,  par.  i. 

Quorum. 

§  57.  Of  this  judicatory  two  elders,  if 
there  be  as  many  in  the  congregation,  with 
the  pastor,  shall  be  necessary  to  constitute 
a  quorum. — F.  G.  ch.  ix,  par.  ii. 

§  58.  Cases  may  occur  with  infant  or 
feeble  churches  in  which  it  would  be  im- 
practicable for  a  time  to  have  more  than 
one  elder,  and  yet  be  necessary  to  perform 
acts  of  a  judicial  character.  For  such  the 
constitution  provides ;  but  if  there  be  more 
than  one  elder,  then  two  at  least,  with  a 
minister,  are  necessary  to  form  a  Session. — 
M.  G.  A.  1836,  p.  263. 


THE  SESSION."  43 

The  Moderator.  , 

§  59.  The  pastor  of  the  congregation 
shall  always  be  moderator  of  the  Session, 
except  when,  for  prudential  reasons,  it 
may  appear  advisable  that  some  other 
minister  should  be  invited  to  preside,  in 
which  case  the  pastor  may,  with  the  con- 
currence of  the  Session,  invite  such  other 
minister  as  they  may  see  meet,  belonging 
to  the  same  Presbytery,  to  preside  in  that 
case.  The  same  expedient  may  be  adopted 
in  case  of  sickness  or  absence  of  the  pas- 
tor.— F.  G.  ch.  ix,  par.  Hi. 

§  60.  In  cases  where  the  form  of  govern- 
ment does  not  require,  either  in  express 
terms  or  by  implication,  that  the  modera- 
tor shall  be  of  the  same  Presbytery  as  the 
congregation,  and  for  which  no  provision- 
is  made,  a  member  of  another  Presbytery 
may  be  invited  to  act  as  moderator,  if  it  be 
found  to  be  expedient. — 31.  0.  S.  G.  A. 
1844,  £>.  359. 

§  61.  It  is  expedient,  at  every  meeting 


44  MANUAL  OF  LAW  AND  USAGE. 

of  the  Session,  more  especially  when  con- 
stituted for  judicial  business,  that  there  be 
a  presiding  minister.  When,  therefore,  a 
church  is  without  a  pastor,  the  moderator 
of  the  Session  shall  be  either — 

(a)  The  minister  appointed  for  that 
purpose  by  the  Presbytery ;   or 

(6)  One  invited  by  the  Session  to  pre- 
side on  a  particular  occasion  ;  but 

(c)  When  it  is  impossible,  without 
great  inconvenience,  to  procure  the  at- 
tendance of  such  moderator,  the  Session 
may  proceed  without  it. — F.  G.  ch.  ix, 
par.  iv. 

§  62.  Except  that  one  or  two  elders  in 
the  absence  of  a  minister  would  not  be  a 
quorum,  without  which  no  business  can  be 
•transacted. 

§  63.  In  congregations  where  there  are 
two  or  more  pastors,  they  shall,  when 
present,  alternately  preside  in  Session. — - 
F.  G.  ch.  ix,  par.  v. 


THE  SESSION.  45 

Clerk. 
§  64.  Every  Session  shall   elect  one  of 
its  members  as  clerk  to  record  their  trans- 
actions, whose  continuance  shall  be  during 
pleasure. 

§  65.  How  a  Session  may  be  convened — 

(a)  The  pastor  has  power  to  convene 
the  Session  when  he  may  judge  it  re- 
quisite. 

(b)  The  pastor  shall  always  convene 
them  when  requested  to  do  so  by  any 
two  elders. 

(c)  The  Session  shall  also  convene 
when  directed  so  to  do  by  the  Presby- 
tery.— F.  G.  ch.  ix,  par.  mi. 

Duties  of  the  Session. 

§  66.  The  church  Session  is  charged 
with  maintaining  the  spiritual  govern- 
ment of  the  congregation ;  for  which  pur- 
pose— 

(a)  They  have  power  to  inquire  into 

the  knowledge  and  Christian  conduct  of 

the  members  of  the  church. 


46  MANUAL  OF  LAW  AND  USAGE. 

(b)  To  call  before  them  offenders  and 
witnesses,  being  members  of  their  own 
congregation,  and  to  introduce  other 
witnesses  where  it  may  be  necessary  to 
bring  the  process  to  issue,  and  when 
they  can  be  procured  to  attend. 

(c)  To  receive  members  into  the 
church. 

(d)  To  admonish,  to  rebuke,  to  sus- 
pend, or  exclude  from  the  sacraments 
those  who  are  found  to  deserve  censure. 

(e)  To  concert  the  best  measures  for 
promoting  the  spiritual  interests  of  the 
congregation. 

(/)  To  appoint  delegates  to  the  Pres- 
bytery and  Synod. — F.  G.  ch.  ix,par.  vi. 

(g)  The  Sabbath  schools  are  under  the 
control  of  the  Session.  All  the  teachers 
employed,  all  the  books  used,  and  all  the 
regulations,  adopted,  should  be  such  as 
the  Session  may  approve.  All  elections 
of  officers  or  teachers  must  be  subject  to 
the  approval  of  the  Session.  The  Ses- 
sion cannot  delegate  their  responsibility 
for  the  religious  instruction  of  the  chil- 


THE  SESSION.  47 

drenof  thecliurcli.— M.  0.  S.  G.  A.  1840, 
p.  310)  1841,^.423,427;  M.N.S.G.A. 
1863,  .p.  241;  1864,  p.  506-508. 

(h)  As  the  whole  spiritual  affairs  of  the 
church  are  committed  to  the  Session,  the 
music  is  under  their  control.  Singing  is 
an  important  part  of  worship,  and  the 
choir  must  be  subject  to  the  Session. — 
3LO.S.G.AA845,  p.  21,  22. 

§67.  It  is  not  discretionary  with  the 
Session  to  be  represented  in  Presbytery  and 
Synod  ;  it  is  a  duty,  the  neglect  of  which 
is  censurable. 

§  68.  When  a  member  shall  be  dismissed 
by  the  Session  with  a  view  to  his  joining 
annther  church,  if  he  commit  an  offence 
previous  to  his  joining  the  latter  he  shall 
be  considered  as  under  the  jurisdiction  of 
the  Session  which  dismissed  him,  and 
amenable  to  it  up  to  the  time  when  he  ac- 
tually becomes  connected  with  that  church 
to  which  he  was  dismissed  and  recom- 
mended.— B.  D.  ch.  x,  par.  i. 


48  MANUAL  OF  LAW  £_\I>  USAGE. 

§  69.  But  if  he  actually  join  the  new 
body  before  his  crime  comes  to  light  then 
that  body  shall  be  bound  to  conduct  the 
process  against  him. — B.  D.  ch.  x,par.  in. 

§  70  The  dismissal  of  a  ruling  elder  by 
letter  from  a  church, terminates  his  official 
relations  with  that  church,  except  so  far 
as  said  church  is  responsible  for  its  watch 
and  care  over  him  during  the  period  of 
transition.— if.  N.  S.  G.  A.  1867,  v.  512. 

§  71.  Every  Session  shall  keep  a  fair 
record  of  its  proceedings,  which  record 
shall  be  at  least  once  in  every  year  sub- 
mitted to  the  inspection  of  the  Presbytery. 
— F.  G.  ch.  ix,  par.  viii. 

§  72.  It  is  important  that  every  church 
Session  keep  a  fair  register  of  marriages, 
of  baptisms,  with  the  times  of  the  birth  of 
the  individuals  baptized,  of  persons  ad- 
mitted to  the  Lord's  table,  and  of  the 
deaths,  and  other  removals  of  church 
members. — F.  G.  ch.  ix,  par.  ix. 


THE  SESSION.  49 

§  73.  The  Session,  being  the  first  court 
of  the  Church,  must  carefully  guard  the 
rights  of  the  people.  They  shall  not  deny 
the  right  of  petition  or  of  complaint  to  any 
member  or  members  of  the  church  in  any 
matter,  of  whatsoever  nature,  if  it  be  pros- 
ecuted in  due  form  and  order. 

§  74.  If  a  suspended  member  should 
unite  with  another  church  on  profession  of 
faith,  the  Session  admitting  him  being  ig- 
uorant  of  his  former  membership  and  sus- 
pension, should,  upon  discovery  of  these 
facts  after  conference  with  the  accused 
person,  strike  his  name  from  their  roll  of 
church  members  as  not  under  their  juris- 
diction, communicate  their  action  to  the 
Session  suspending  him,  with  the  reasons 
for  it,  and  request  said  Session  to  proceed 
against  him,  on  separate  process,  for  du- 
plicity and  disorder.—  M.  N.  S.  G.  A.  1866, 
p.  269. 

§  75.  While  the  constitution  of  the 
Church  provides  for  no  demission  of  her 
members  or  the  striking  off  of  names  from 


50  MANUAL  OF  LAW  ANL  USAGE. 

her  roll,  save  as  the  result  of  death  or  of 
excommunication,  it  may  nevertheless  be 
well  for  each  church  to  record  on  a  sep- 
arate list  the  names  of  those  who  have 
been  absent  for  more  than  two  years  from 
"their  church  relations,  and  whose  resi- 
dence is  unknown;  and  names-  thus  re- 
corded may  be  omitted  in  the  statistical  re- 
turns of  the  church.—  M.  G.  A.  1872, p.  89. 

§  76.  The  Session  has  no  control  over 
the  funds  collected  and  in  the  hands  of  the 
deacons  for  the  benefit  of  the  poor  of  the 
church.  The  management  of  this  fund 
belongs  exclusively  to  the  deacons. — M.  0. 
S.G.A.im*l,p.M. 

§  77.  The  Session  may  not  invite  a  min- 
ister of  the  gospel,  even  of  the  same  Pres- 
bytery to  which  the  church  belongs,  to  sit 
as  a  corresponding  member,  and  then  as- 
sign him,  at  the  request  .of  an  accused 
brother,  as  counsel  for  the  accused ;  nor 
employ  any  one  as  counsel  who  is  not  a 
member  of  the  judicatory. — 31.  N.  S.  G.  A. 
1851,  p.  29. 


THE  PRESBYTERY.  51 

CHAPTER  V. 

THE  PRESBYTERY. 

§  78.  A  Presbytery  consists  of  all  the 
ministers,  in  number  not  less  than  five, 
and  one  ruling  elder  from  each  congrega- 
tion, within  a  certain  district,  (F.  G.  ch. 
x,par.  ii,)  as  amended  by  Presbyteries  in 
1870,  and  declared  by  the  General  Assem- 
bly 1871.  —M.  G.  A.  mo, p.  89 ;  1871,  p. 
594. 

§  79.  Every  congregation  which  has  a 
stated  pastor  has  a  right  to  be  represented 
by  one  elder ;  and  every  collegiate  church 
by  two  or  more  elders,  in  proportion  to  the 
number  of  its  pastors.—  F.  G.  ch.  x,  par. 
in. 

§  80.  Where  two  or  more  congregations 
are  united  under  one  pastor,  all  such  con- 
gregations shall  have  but  one  elder  to  rep- 
resent them. — F.  G.  ch.  x,par.  iv. 


52  MANUAL  OP  LAW  AND  USAGE. 

§  81.  Every  vacant  congregation,  which 
is  regularly  organized,  shall  be  entitled 
to  be  represented  by  one  ruling  elder. — F, 
G.  cJi.  x,par.  v. 

Quorum. 

§  82.  Any  three  ministers,  and  as  many 
elders  as  may  be  present  belonging  to  the 
Presbytery,  being  met  at  the  time  and 
place  appointed,  shall  be  a  quorum  com- 
petent to  proceed  to  business — F.  G.  ch.  x, 
par.  vii. 

§  83.  Any  three  ministers  of  a  Presby- 
tery, being  regularly  convened,  are  a  quo- 
rum competent  to  the  transaction  of  all  busi- 
ness, without  the  presence  of  an  elder. — 
Jf.  O.S.G.A.  1843,  p.  196. 

The  Powers  of  Presbytery. 

§  84.  The  Presbytery  has  power — 

(a)  To  receive  and  issue  appeals  from 
church  Sessions  and  references  brought  • 
before  them  in  an  orderly  manner ; 


THE  PRESBYTERY.  53 

(6)  To  examine  and  license  candidates 
for  the  holy  ministry ; 

(c)  To  ordain,  install,  remove,  and 
judge  ministers; 

(d)  To  examine  and  approve  or  cen- 
sure the  records  of  church  Sessions ; 

(e)  To  resolve  questions  of  doctrine  or 
discipline  seriously  and  reasonably  pro- 
posed ; 

(/)  To-  condemn  erroneous  opinions 
which  injure  the  purity  and  peace  of  the 
Church  ; 

(g)  To  visit  particular  churches,  for 
the  purpose  of  inquiring  into  their  state 
and  redressing  the  evils  that  may  have 
arisen  in  them ; 

(7i)  To  unite  or  divide  congregations 
at  the  request  of  the  people,  or  to  form  or 
receive  new  congregations,  and  in  gen- 
eral to  order  whatever  pertains  to  the 
spiritual  welfare  of  the  churches  under 
their  care. — F.  G.  ch.  x,par.  viii. 

§  85.  It  shall  he  the  duty  of  the  Presby- 
tery to  keep  a  full  and  fair  record  of  their 


54  MANUAL  OF  LAW  AND  USAGE. 

proceedings,  and  to  report  to  the  Synod 
every  year  licensures,  ordinations,  the  re- 
ceiving or  dismissing  of  members,  the  re- 
moval of  members  by  death,  the  union  or 
division  of  congregations  or  the  formation 
of  new  ones,  and  in  general  all  the  im- 
portant changes  which  may  have  taken 
place  within  their  bounds  in  the  course  of 
the  year. — F.  G.  ch.  x,par.  ix. 

§  86.  The  Presbytery  shall  meet  on  its 
own  adjournment;  and  when  any  emerg- 
ency shall  require  a  meeting  sooner  than 
the  time  to  which  it  stands  adjourned,  the 
moderator,  or  in  case  of  his  absence,  death, 
or  inability  to  act,  the  stated  clerk  shall, 
with  the  concurrence  or  at  the  request  of 
two  ministers  and  two  elders,  the  elders  be- 
ing of  different  congregations,  call  a  special 
meeting.  For  this  purpose  he  shall  send 
a  circular  letter,  specifying  the  particular 
business  of  the  intended  meeting,  to  every 
minister  belonging  to  the  Presbytery  and 
to  the  Session  of  every  vacant  congregation 
in  due  time  previous  to  the  meeting :  which 


THE  PRESBYTERY.  55 

shall  not  be  less  than  ten  days.  And  noth- 
ing shall  be  transacted  at  such  special  meet- 
ing besides  the  particular  business  for  which 
the  judicatory  has  been  thus  convened. —  F. 
G.  ch.x,par.  x. 

§  87.  If  a  particular  time  and  place  be 
specified  in  the  application  for  a  pro  re  nata 
meeting  of  the  Presbytery,  the  moderator, 
on  such  application,  is  not  competent  to  call 
a  meeting  at  a  different  time  and  place. — 
M.  O.ft  £..4.1856,^.522. 

§  88.  At  every  (stated)  meeting  of  Pres- 
bytery a  sermon  shall  be  delivered,  if  con- 
venient, (by  the  retiring  moderator,  or  at 
his  request  by  some  other  minister;)  and 
every  particular  session  of  the  body  shall 
be  opened  and  closed  with  prayer. — F.  G. 
ch.  x,par.  xi. 

§  89.  Ministers  in  good  standing  in  other 
Presbyteries  or  in  any  sister  (evangelical) 
Churches,  who  may  happen  to  be  present, 
may  be  invited  to  sit  with  the  Presbytery 


56  MANUAL  OF  LAW  AND  USAGE. 

as  corresponding  members.  Such  members 
shall  be  entitled  to  deliberate  and  advise, 
but  not  to  vote  in  any  decisions  of  the  Pres- 
bytery.— F.  G.  ch.  Xjpar.  xii. 

§  90.  Where  a  minister  is  supplying  two 
congregations,  one  as  the  regular  pastor 
and  the  other  as  a  stated  supply,  each  of 
these  churches  has  the  right  to  be  repre- 
sented by  an  elder  at  the  same  meeting  of 
Presbytery.—  M.  0.  S.  G.  A.  1847,^.  377. 

§  91.  No  ruling  elder  who  has  retired 
from  the  active  exercise  of  his  office  in  the 
church  to  which  he  belongs  can  be  admitted 
as  a  member  of  any  of  our  courts. — M.  G. 
A.  1835,  p.  32. 

§  92.  A  deposed  minister,  desiring  to  be 
restored,  must  apply  to  the  Presbytery  that 
deposed  him  and  not  to  any  other. — M.  N. 
8.  G.  A.  1859,  p.  18. 

§  93.  A  minister  holding  a  letter  of  dis-* 
mission  is   a  member  of  the  Presbytery 


THE  PRESBYTERY.  57 

dismissing  him,  and  is  always  to  be  consid- 
ered under  their  jurisdiction  until  he  act- 
ually becomes  a  member  of  another. — B. 
D.  ch.  x,  par.  ii. 

§  94.  If,  however,  a  minister  shall  be 
charged  with  a  crime  which  appears  to 
have  been  committed  during  the  interval 
between  the  date  of  his  dismission  and  his 
actual  joining  the  new  body,  but  which 
did  not  come  to  light  until  after  he  had 
joined  the  new  body,  that  body  shall  be 
empowered  and  bound  to  conduct  the  pro- 
cess against  him. — B.  D.  ch.  x,par.  Hi. 

§  95.  No  Presbytery  shall  dismiss  a  min- 
ister, or  licentiate,  or  candidate  for  licen- 
sure, without  specifying  the  particular 
Presbytery  or  other  ecclesiastical  body 
with  which  he  is  to  be  connected. — B.  D. 
ch.  x,  par.  iv. 

§  96.  The  Presbytery  cannot  dismiss  a 
member  by  a  standing  committee.  The 
moderator  and  clerk  have  no  such  authori- 
ty.—If.  G.  A.  1830,  p.  302. 


58  MANUAL  OF  LAW  AND  USAGE. 

§  97.  The  name  of  a  suspended  minister 
should  not  be  removed  from  the  roll. — M. 
O.8.G.A.  1847,  p.  398. 

§  98.  As  the  name  of  every  minister 
under  trial,  even,  must  be  properly  on  the 
roll  of  some  Presbytery,  it  should  not  be 
finally  erased  until  the  completion  of  all 
the  ecclesiastical  proceedings  connected 
with  the  case :  until  it  has  been  issued  in 
all  the  courts  to  which  it  may  be  taken. — 
M.  N.S.G.  A.  18M, p.  271. 

§  99.  The  Presbytery  cannot  dismiss  a 
congregation  to  another  Presbytery  with- 
out the  approbation  of  Synod. — 31.  G.  A. 
1823,  p.  91. 

§  100.  The  Presbytery  has  the  right  to 
refuse  to  install  a  minister  when  in  their 
judgment  the  salary  is  insufficient,  even 
though  requested  to  do  so  by  the  congre- 
gation and  the  pastor  elect. — M.  0.  S.  G. 
A.  1855,  p.  212. 

§  101.  A  Session  may  be  represented  by 


THE  PRESBYTERY.  59 

a  different  elder  at  adjourned  meetings  of 
the  Presbytery.—  M,  G.  A.  1872, p.  68. 

§  102.  The  commissioners  to  the  General 
Assembly  shall  always  be  appointed  by 
the  Presbytery  from  which  they  come  at 
its  last  stated  meeting  immediately  pre- 
ceding the  meeting  of  the  General  As- 
sembly: Provided,  that  there  be  a  suffi- 
cient interval  between  that  time  and  the 
meeting  of  the  Assembly  for  their  com- 
missioners to  attend  to  their  duty  in  due 
season ;  otherwise,  the  Presbytery  may 
make  the  appointment  at  any  stated  meet- 
ing, not  more  than  seven  months  preced- 
ing the  meeting  of  the  Assembly.  And 
as  much  as  possible  to  prevent  all  failure 
in  the  representation  of  the  Presbyteries, 
arising  from  unforeseen  accidents  to  those 
first  appointed,  it  may  be  expedient  for 
each  Presbytery,  in  the  room  of  each  com- 
missioner, to  appoint  also  an  alternate 
commissioner  to  supply  his  place  in  case 
of  necessary  absence. — F.  G.  ch.  ocxii, 
par.  ii. 


60  MANUAL  OF  LAW  AND  USAGE. 

§  103.  Each  commissioner,  before  his 
name  shall  be  enrolled  as  a  member  of  the 
Assembly,  shall  produce  from  his  Presby- 
tery a  commission,  under  the  hand  of  the 
moderator  and  clerk,  in  the  following  or 
like  form,  viz : 

The  Presbytery  of  ,  being  met  at ,  on 

the day  of ,  A.  D.  18 — ,  doth  hereby  ap- 
point   ,  (minister  or  elder,  as  the  case  may  be,)  to 

be  a  commissioner  on  behalf  of  this  Presbytery  to  the 
next  General  Assembly  of  the  Presbyterian  Church  in 

the  United  States  of  America,  to  meet  at  ,  on 

the day  of ,  A.  D.  18—,  or  wherever  and 

whenever  the  said  Assembly  may  happen  to  sit;  to 
consult,  vote,  and  determine  on  all  things  that  may 
come  before  that  body,  according  to  the  principles  and 
constitution  of  this  Church  and  the  Word  of  God.  And 
of  his  diligence  herein  he  is  to  render  an  account  at 
his  return. 

Signed,  by  order  of  the  Presbytery, 

,  Moderator. 

,  Stated  Clerk. 

And  the  Presbytery  shall  make  record 
of  the  appointment. — F.  G.  ch.  xxii,  par.  ii. 

§  104.  The  expenses  of  commissioners  to 
the  General  Assembly  are  paid  from  the 
contingent  fund  of  the   Assembly  when 


THE  PRESBYTERY.  61 

their  Presbyteries  pay  to  that  fund  the 
annual  assessment  of  the  Assembly. 

Rules  for  Receiving  Foreign  Ministers. 

§105.  When  any  minister  or»licentiate 
from  Europe  shall  come  into  this  country, 
and  desire  to  become  connected  with  the 
Presbyterian  Church  in  the  United  States, 
he  may  apply  to  any  committee  appointed 
to  direct  the  services  of  travelling  ministers 
and  candidates  ;  which  committee  shall  in- 
spect his  credentials,  and,  by  examination 
or  otherwise,  endeavor  to  ascertain  his 
soundness  in  the  faith  and  experimental 
acquaintance  with  religion ;  his  attain- 
ments in  divinity  and  literature ;  his  moral 
and  religious  character  and  approbation 
of  our  public  standards  of  doctrine  and  dis- 
cipline. If  the  result  shall  be  such  as  to 
encourage  further  trial,  said  committee 
may  give  him  appointments  to  supply- and 
recommend  him  to  the  churches  till  the 
next  meeting  of  the  Presbytery  to  which 
such  committee  belongs.  It  shall  then 
become  the  duty  of  such  minister  or  licen- 


62  MANUAL  OF  LAW  AND  USAGE. 

tiate  to  apply  to  that  Presbytery,  or  to 
any  other  in  whose  bounds  he  may  incline 
to  labor:  Provided  always,  that  he  make 
his  application  to  the  Presbytery  at  their 
first  meeting  after  his  coming  within  their 
bounds;  and  also  that  immediately  pn 
coming  within  the  bounds  of  any  Presby- 
tery he  apply  to  their  committee  to  judge 
of  his  certificate  of  approbation,  and  if 
they  think  it  expedient  to  make  him  ap- 
pointments; or,  if  it  shall  be  more  con- 
venient, the  application  may  be  made  to 
the  Presbytery  in  the  first  instance;  but  it 
shall  be  deemed  irregular  for  any  foreign 
minister  or  licentiate  to  preach  in  any 
vacant  church  till  he  have  obtained  the 
approbation  of  some  Presbytery  or  com- 
mittee of  Presbytery  in  manner  aforesaid. 
The  Presbytery  to  which  such  minister  or 
licentiate  may  apply  shall  carefully  ex- 
amine his  credentials,  and  not  sustain  a 
mere  certificate  of  good  standing  unless 
corroborated  by  such  private  letters  or 
other  collateral  testimony  as  shall  fully 
satisfy  them  as  to  the  authenticity  and  suf- 


THE  PRESBYTERY.  63 

ficiency  of  his  testimonials.  After  inspect- 
ing any  evidences  of  his  literary  acquire- 
ments which  may  be  laid  before  them,  the 
Presbytery  shall  enter  into  a  free  conver- 
sation with  him,  in  order  to  discover  his 
soundness  in  the  faith  and  experimental 
acquaintance  with  religion.  If  they  shall 
obtain  satisfaction  on  these  several  articles, 
they  shall  proceed  to  examine  him  on  the 
learned  languages,  the  arts,  sciences,  theol- 
ogy, church  history,  and  government;  nor 
shall  they  receive  him,  unless  he  shall  ap- 
pear to  have  made  such  attainments  in  these 
several  branches  as  are  required  of  those 
who  receive  their  education  or  pass  their 
trials  among  ourselves.  But  if,  upon  the 
whole,  he  appears  to  be  a  person  worthy  of 
encouragement,  and  who  promises  useful- 
ness in  the  Church,  they  shall  receive  him 
as  a  minister  or  candidate  on  probation, 
he  first  adopting  our  standards  of  doctrine 
and  discipline,  and  premising  subjection  to 
the  Presbytery  in  the  Lord.  During  this 
state  of  probation  he  may  preach  the  gos- 
pel when  regularly  called,  either  as  a  stated 


64  MANUAL  OF  LAW  AND  USAGE. 

or  occasional  supply;  and  if  an  ordained 
minister,  perform  every  part  ©f  the  minis- 
terial functions,  except  that  he  may  not 
vote  in  any  judicatory  or  accept  a  call  for 
settlement. 

§  106.  If  the  foreigner  who  shall  apply 
to  any  Presbytery  or  committee,  as  afore- 
said, be  an  ordained  minister,  such  com- 
mittee or  Presbytery  may,  at  their  discre- 
tion, dispense  with  the  special  examination 
on  literature  in  this  act  prescribed,  pro- 
vided he  shall  exhibit  satisfactory  evidence 
that  he  has  received  such  education,  and 
made  such  progress  in  languages,  arts,  and 
sciences  as  are  required  by  the  Constitu- 
tion of  our  Church  as  qualifications  for  the 
gospel  ministry.  But  in  all  other  respects 
the  examination  shall  be  the  same  as  in  the 
case  of  a  licentiate. 

§  107.  If,  from  prospects  of  settlement 
or  greater  usefulness,  a  minister  or  licen- 
tiate under  probation  in  any  Presbytery 
6hall  wish   to   move  into   the  bounds  of 


THE  PRESBYTERY.  65 

another,  he  shall  receive  a  dismission,  con- 
taining a  certificate  of  his  standing  and 
character,  from  the  Presbytery  under 
whose  care  he  shall  have  been  ;  which  cer- 
tificate shall  entitle  him  to  the  same  stand- 
ing in  the  Presbytery  into  whose  bounds 
he  shall  come,  except  that  from  the  time 
of  his  coming  under  the  care  of  this  latter 
Presbytery  a  whole  year  shall  elapse  be- 
fore they  come  to  a  final  judgment  respect- 
ing his  reception. 

§  108.  When  any  foreign  minister  or 
licentiate,  received  on  certificate  or  pur- 
suant to  trials  in  any  Presbytery,  shall 
have  resided  generally  and  preached  with- 
in their  bounds  and  under  their  direction 
for  at  least  one  year,  they  shall  cause  him 
to  preach  before  them,  (if  they  judge  it 
expedient,)  and  taking  into  consideration 
as  well  the  evidence  derived  from  their 
former  trials  as  that  which  may  arise  from 
his  acceptance  in  the  churches,  his  pru- 
dence, his  gravity,  and  godly  conversa- 
tion; and  from  the  combined  evidence  of 
5 


66  MANUAL  OF  LAW  AND  USAGE. 

the  whole  determine  either  to  receive  him, 
to  reject  him,  or  to  hold  him  under  further 
probation.  In  case  of  receiving  him  at 
that  or  any  subsequent  period,  the  Pres- 
bytery shall  report  the  same  to  their  Synod 
at  its  next  meeting,  together  with  all  the 
certificates  and  other  testimony  on  which 
they  received  him ;  or  if  it  shall  be  more 
convenient,  this  report  may  be  made  to  the 
General  Assembly.  The  said  Assembly  or 
Synod,  as  the  case  may  be,  shall  then  in- 
quire into  the  proceedings  of  the  Presby- 
tery in  the  affair,  and  if  they  find  them  to 
have  been  irregular  or  deficient,  they  shall 
recommit  them  to  the  Presbytery,  in  order 
to  a  more  regular  and  perfect  process.  But 
if  the  proceedings  had  in  the  Presbytery 
appear  to  have  been  conformable  to  this 
regulation,  they  shall  carefully  examine 
all  the  papers  laid  before  them  by  the 
Presbytery,  or  which  shall  be  exhibited 
by  the  party  concern ed,  and  considering 
their  credibility  and  sufficiency,  come  to  a 
final  judgment,  either  to  receive  him  into 
the  Presbyterian  body,  agreeably  to  his 
standing,  or  to  reject  him. 


THE  PRESBYTERY.  67 

§  109.  In  order,  however,  to  facilitate 
the  settlement  of  foreign  ministers  as  soon 
as  may  consist  with  the  purity  and  order 
of  the  Church,  it  is  further  ordained,  that 
if  the  proper  Synod  or  the  General  Assem- 
bly are  not  to  meet  within  three  months 
after  that  meeting  of  a  Presbytery  at  which 
a  foreign  minister  on  probation  is  expected 
to  be  received,  the  Presbytery  may,  if  they 
see  cause,  lay  his  testimonials  before  that 
meeting  of  the  Assembly  or  Synod  which 
shall  be  held  next  before  said  meeting  of 
the  Presbytery.  If  the  Assembly  or  Synod 
shall  approve  the  testimonials,  they  shall 
give  the  Presbytery  such  information  and 
direction  as  the  case  may  require,  and  re- 
mit the  same  to  them  for  final  issue.  In 
all  other  cases  it  shall  be  deemed  irregular 
for  any  Synod  or  General  Assembly  to  re- 
ceive a  foreign  minister  or  licentiate  until 
he  shall  have  passed  his  period  of  proba- 
tion, and  been  received  and  reported  by 
some  Presbytery  in  manner  aforesaid. 

§  110.  No  minister  or   licentiate,  after 


68  MANUAL  OF  LAW  AND  USAGE. 

being  rejected  by  one  Presbytery,  shall  be 
received  by  another,  or  if  received  through 
mistake  or  otherwise,  he  shall  be  no  longer 
countenanced  or  employed  after  the  im- 
position is  discovered.  If,  however,  any 
minister  or  licentiate  shall  think  himself 
aggrieved  by  the  sentence  of  any  Presby- 
tery, he  shall  have  a  right  to  carry  the 
matter  by  complaint  to  the  proper  Synod, 
or  to  the  next  General  Assembly,  giving 
notice  thereof  to  the  Presbytery  during  the 
meeting  at  which  the  sentence  was  pro- 
nounced or  at  the  meeting  next  following. 

§  111.  These  regulations  and  provisions 
relative  to  the  reception  of  foreign  minis- 
ters and  licentiates  are  to  be  considered  as 
coming  in  place  of  all  that  have  heretofore 
been  established  on  this  subject ;  and  all 
judicatures  and  individuals  under  the  care 
of  the  Assembly  are  to  regard  them  ac- 
cordingly.— 31.  G.A.  1800,  jpp.  200-202. 

§  112.  The  above  rules  were  enforced  by 
the  Old  School  General  Assembly  and  the 


THE  PRESBYTERY.  69 

New  School  General  Assembly,  but  the  last 
action  of  the  Assembly  is  as  follows:  "In- 
asmuch as  intercourse  between  the  Presby- 
terian churches  of  Great  Britain  and  our 
General  Assembly  is  now  much  more  fre- 
quent and  intimate  than  in  former  years, 
affording  the  opportunity  for  mutual  ac- 
quaintance and  knowledge  of  the  charac- 
ter and  standing  of  the  ministers  in  the 
different  churches  of  both  countries :  there- 
fore, resolved,  that  the  regulation  requir- 
ing ministers  coming  among  us  from  the 
Presbyterian  churches  of  Great  Britain  to 
submit  to  a  year's  probation  before  main- 
taining ministerial  standing  is  no  longer 
necessary,  and  is  hereby  repealed." — M. 
G.A.  1872,  jp.  70. 

§  113.  By  this  act  the  requirement  of  a 
year's  probation  is  repealed,  but  all  the 
other  precautions  to  be  taken  in  receiving 
foreign  ministers  are  still  in  force. 


TO  MANUAL  OF  LAW  AND  USAGE. 

CHAPTER  VI. 

THE  SYNOD. 

§  114.  The  Synod  is  the  third  in  order 
of  the  church  courts,  and  is  a  convention 
of  the  bishops  and  elders  within  a  certain 
district,  including  at  least  three  Presby- 
teries.— F.  G.  ch.  xi,  imr.  i. 

§  115.  The  ratio  of  elders  represented  in 
the  Synod  is  the  same  as  that  of  the  Pres- 
bytery.— F.  G.  ch.  xi,  par.  i. 

§  116.  Any  seven  ministers,  belonging 
to  the  Synod,  who  shall  convene  at  the 
time  and  place  of  meeting,  with  as  many 
elders  as  maybe  present,  shall  be  a  quorum : 
provided  not  more  than  three  of  the  said 
ministers  belong  to  one  Presbytery. — (F. 
G.  ch.  xi,par.  ii.)  The  same  rule  as  to  cor- 
responding members  which  is .  laid  down 
for  the  Presbytery  shall  apply  to  Synod. — 
F.  G.  ch.  xi,par.  Hi. 


THE  SYNOD.  71 

§  117.  The  Synod  shall  convene  at  least 
once  in  every  year  for  the  transaction  of 
synodical  business. — F.  G.  ch.  xi,  par.  v. 

§  118.  Any  two  or  more  members  meet- 
ing according  to  adjournment  may  adjourn 
from  day  to  day  until  a  sufficient  number 
attend  to  make  a  quorum ;  but  in  case  a 
quorum  should  not  attend  within  a  rea- 
sonable time,  the  moderator  is  competent 
to  fix  any  time  and  place  he  may  judge 
proper  for  convening  the  body;  and  if  he 
be  absent,  the  members  should  represent 
the  matter  speedily  to  him,  that  he  may 
act  accordingly.— M.  G.  A.  1796,  p.  113. 

§  119.  The  moderator  shall  be  empow- 
ered, on  any  extraordinary  emergency,  to 
convene  the  judicatory  by  his  circular 
letter  before  the  ordinary  time  of  meeting. 
—F.  G.  ch.  ccix,  par.  ii;  M.  G..A.  1829,  p. 
268 ;  M.  N.  S.  G.  A.  1855,  p.  16. 

§  120.  But  the  moderator  cannot  change 
the  time  and  place  of  the  regular  meeting. 


72  MANUAL  OF  LAW  AND  USAGE. 

This  may  be  done  by  a  pro  re  nata  meet- 
ing or  by  the  higher  court  at  the  request  oi 
the  members  of  the  Synod. — 31.  N.  S.  G. 
A.  1854,j9.  500 ;  0.  S.  G.A.  1849,^.  247. 

§  121.  It  shall  be  the  duty  of  the  Synod 
to  keep  full  and  fair  records  of  its  proceed- 
ings, to  submit  them  annually  to  the  in- 
spection of  the  General  Assembly,  and  to 
report  to  the  Assembly  the  number  of  its 
Presbyteries  and  of  the  members  and  al- 
terations of  the  Presbyteries. — F.  G.  ch. 
xi,  par.  vi. 

§  122.  The  powers  of  Synod  are — 

(a)  To  receive  and  issue  all  appeals 
regularly  brought  up  from  the  Presby- 
teries ; 

(b)  To  decide  on  all  references  made 
to  them ; 

(c)  To-  review  the  records  of  Presby- 
teries, and  approve  or  censure  them ; 

(d)  To  redress  whatever  has  been  done 
by  Presbyteries  contrary  to  order ; 

(e)  To  take  effectual  care  that  Presby- 


THE  SYNOD.  73 

teries  observe  the  constitution  of  the 
Church ; 

(/)  To  erect  new  Presbyteries,  and 
unite  or  divide  those  which  were  before 
erected ; 

(g)  Generally  to  take  such  order  with 
respect  to  the  Presbyteries,  Sessions,  and 
people  under  their  care  as  may  be  in 
conformity  with  the  Word  of  God  and 
the  established  rules,  and  which  tend  to 
promote  the  edification  of  the  church  ; 

(Ji)  Finally,  to  propose  to  the  General 
Assembly  for  their  adaption  such  meas- 
ures as  may  be  of  common  advantage  to 
the  whole  Church. — F.  G.  ch.  xi,  par.  iv. 

§  123.  Ministers  dismissed  by  a  Presby- 
tery which  has  become  extinct,  and  not  re- 
ceived into  any  other,  are  to  be  considered 
as  under  the  direction  of  their  proper  Synod, 
and  ought  to  be  disposed  of  as  the  Synod 
may  order.— if.  G.  A.  1825,  p.  146, 147. 

§  124.  Members  of  an  inferior  judicatory 
may  not  vote  on  the  approval  of  their  own 


74  MANUAL  OF  LAW  AND  USAGE. 

minutes  in  Synod.—  M.  G.A.  1816, #.  611; 
1821,  j>.  23. 

§  125.  When  exceptions  are  taken  to 
the  records  of  a  Presbytery,  the  exceptions 
must  be  stated  and  reasons  assigned  on 
the  minutes  of  the  Synod.—  M.  G.A.  1820, 
p.  728;  1827,i?.  202;  N.  S.  G.  A.  1857,  jp. 
387. 

§  126.  The  minutes  must  be  read  at  the 
close  of  the  meeting  and  approved,  and 
when  recorded,  must  be  attested  by  the 
stated  clerk. 


THE  GENERAL  ASSEMBLY.  75 

CHAPTER  VII. 

THE  GENERAL  ASSEMBLY. 

§  12*7.  The  General  Assembly  is  the 
fourth  of  the  ecclesiastical  judicatories,  and 
the  last  and  highest  court  of  resort,  and  is 
entitled  The  General  Assembly  of  the 
Ppesbyterian  Church  in  the  United  States 
of  America. — F.  G.  ch.  xii,  par.  i. 

§  128.  It  consists  of  an  equal  delegation 
of  ministers  and  elders  from  each  Presby- 
tery.— G.  F.  ch.  xii,  par.  ii. 

§  129.  These  delegates  are  styled  Com- 
missioners to  the  General  Assembly. 

§  130.  Any  fourteen  or  more  of  these 
commissioners,  one-half  of  whom  shall  be 
ministers,  having  met  on  the  day  and  at 
the  place  appointed,  shall  be  a  quorum  for 
the  transaction  of  business. — F.  G.  ch.  xii, 
par.  Hi. 


76  MANUAL  OF  LAW  AND  USAGE. 

§  131.  The  General  Assembly  shall  meet 
at  least  once  in  every  year.  On  the  day 
appointed  for  that  purpose  the  moderator 
of  the  last  Assembly  if  present,  or  in  case 
of  his  absence  some  other  minister,  shall 
open  the  meeting  with  a  sermon,  and  pre- 
side until  a  new  moderator  be  chosen. — F. 
G.  ch.  xii,  par.  vii. 

§  132.  No  commissioner  shall  have  a 
right  to  deliberate  or  vote  in  the  Assembly 
until  his  name  shall  have  been  enrolled 
by  the  clerk  and  his  commission  examined 
and  filed  among  the  papers  of  the  Assem- 
bly.— F.  G.  ch.  xii,  par.  vii. 

§  133.  The  stated  and  permanent  clerks 
constitute  a  standing  committee  of  com- 
missions, to  whom  commissioners  must 
hand  their  commissions  previously  to  the 
opening  of  the  Assembly :  afterward  to  the 
Committee  on  Elections. 

§  134.  The  only  persons  entitled  to  sit 
as  corresponding  members  of  the  Assembly 


THE  GENERAL  ASSEMBLY.  77 

are  delegates  from  other  Churches  with 
which  the  Assembly  may  be  in  correspond- 
ence ;  the  secretary  of  any  of  the  perma- 
nent committees  or  boards  while  the  busi- 
ness of  that  committee  or  board  is  under 
consideration  in  the  house ;  and  the  stated 
and  permanent  clerks. 

Powers  of  the  General  Assembly. 

§  135.  The  General  Assembly  shall  re- 
ceive and  issue  appeals  and  references 
which  may  be  regularly  brought  before 
them  from  the  inferior  judicatories. — F.  &. 
ch.  xii,  par.  iv. 

§  136.  They  shall  review  the  records  of 
every  Synod,  and  approve  or  censure  them. 
—Ibid. 

§  137.  They  shall  give  their  advice  and 
instruction  in  all  cases  submitted  to  them 
in  conformity  with  the  Constitution  of  the 
Church. — Ibid. 

§  138.  They  shall  constitute  the  bond 
of  union,  peace,  correspondence,  and  mu- 


78  MANUAL  OF  LAW  AND  USAGE. 

tual  confidence  among  all  our  churches. — 
F.  G.  cli.  xii,  par.  v. 

§  139.  They  have  power  to  decide  in  all 
controversies  respecting  doctrine  and  dis- 
cipline.— Ibid. 

§  140.  To  reprove,  warn,  or  hear  testi- 
mony against  error  in  doctrine  or  immoral- 
ity in  practice  in  any  church,  Presbytery, 
or  Synod. — Ibid. 

§  141.  To  erect  new  Synods  when  it  may 
he  judged  necessary. — Ibid. 

§  142.  To  superintend  the  concerns  of 
the  whole  Church. — Ibid. 

§  143.  To  correspond  with  foreign 
Churches,  on  such  terms  as  may  he  agreed 
upon  by  the  Assembly  and  the  correspond- 
ing body. — Ibid. 

§  144.  To  suppress  schismatical  conten- 
tions and  disputations. — Ibid, 


THE  GENERAL  ASSEMBLY.  79 

§  145.  In  general,  to  recommend  and 
attempt  reformation  of  manners,  and  the 
promotion  of  charity,  truth,  and  holiness 
through  all  the  churches  under  their  care. 
— Ibid. 

§  146.  The  General  Assembly,  however, 
is  not  a  legislative  body ;  as,  before  any 
overtures  or  regulations  proposed  by  the 
Assembly  to  be  established  as  constitutional 
rules  shall  be  obligatory  on  the  churches, 
it  shall  be  necessary  to  transmit  them  to 
all  the  Presbyteries,  and  to  receive  the  re- 
turns of  at  least  a  majority  of  them,  in 
writing,  approving  thereof. — F.  G.  ch.  xii, 
par.  vi. 

§  147.  It  is  ordinarily  undesirable  for 
the  General  Assembly  to  decide  questions 
in  thesi,  which  are  liable  to  be  brought 
before  it  in  its  judicial  capacity,  as  it  may 
thus  virtually  prejudge  cases  of  discipline ; 
it  appears  better  that  it  should  ordinarily 
follow,  in  this  respect,  the  uniform  prac- 
tice of  civil  courts,  to  decide  legal  princi- 


80  MANUAL  OF  LAW  AND  USAGE. 

pies  only  upon  actual  cases  presented. — 
M.  0.  S.  G.  A.  1844,  p.  366;  N.  8.  G  A. 
1856,  p.  213. 

§  148.  The  Assembly  cannot  reverse  the 
judicial  acts  of  a  former  Assembly  unless 
error  be  shown.— if.  G.  A.  1824,  p.  213. 

§  149.  The  Assembly  may  reconsider 
and  reverse  a  manifestly  erroneous  decision 
of  a  former  Assembly.— M.  0.  S.  G.  A. 
1842,  p.  33 ;  N.  8.  G.  A.  1864,  p.  475. 

§  150.  It  is  not  competent  for  the  General 
Assembly  to  revise  the  proceedings  of  a 
previous  Assembly  in  a  judicial  case. — M. 
O.S.  G.A.  1864,  p.  313. 

Time  of  Meeting. 

§  151.  Many  years'  usage  has  fixed  the 
meeting  of  the  Assembly  statedly  on  the 
third  Thursday  of  May  in  each  year. 

Order  of  Organizing. 

§  152.  At  11  o'clock  the  opening  sermon 
is  preached  by  the  moderator   by  whose 


THE  GENERAL  ASSEMBLY.  81 

mandate  the  Assembly  has  been  convened. 
Immediately  after  sermon  he  opens  the 
session  with  prayer,  and  calls  for  the  re- 
port of  the  Committee  on  Commissions. 
This  report  being  read,  a  Committee  of  Elec- 
tions is  appointed.  There  is  now  usually 
a  recess  until  after  dinner.  The  Commit- 
tee of  Elections  then  bring  in  their  report, 
and  the  roll  being  thus  completed,  a  mod- 
erator and  temporary  clerks  are  chosen ; 
the  duties  of  the  last  moderator  terminate 
with  the  inauguration  of  his  successor. 

Absence  of  the  Moderator. 

§  153.  In  the  absence  of  the  moderator, 
no  person  is  authorized  to  open  the  ses- 
sions of  the  Assembly,  or  to  preside  at  the 
opening  of  said  sessions,  except  a  commis- 
sioner to  the  Assembly,  selected  for  the 
purpose  by  the  commissioners,  met  at  the 
time  and  place  fixed  for  said  meeting. — M. 
O.S.  G.A.l843,p.lU. 

Election  of  a  Moderator. 

§  154.  Any  commissioner  may  nominate 
6 


82  MANUAL  OF  LAW  AND  USAGE. 

a  candidate  for  the  chair.  The  candidates 
so  pointed  out  shall  then  severally  give 
their  votes  for  some  one  of  their  number 
and  withdraw,  when  the  remaining  com- 
missioners shall  proceed  viva  voce  to  choose 
one  of  the  said  candidates  for  moderator. 

§  155.  A  majority  of  all  the  votes  given 
are  necessary  to  a  choice. — M.  0.  S.  G.A. 
1846,  #.189, 

Installing  the  Moderator. 

§  156.  When  the  new  moderator  hath 
been  elected,  before  he  take  the  chair  the 
former  moderator  shall  address  him  and 
the  house  in  these  words : 

Sir:  It  is  my  duty  to  inform  you  and  announce  to 
this  house  that  you  are  duly  elected  to  the  office  of 
moderator  in  this  General  Assembly.  For  your  direc- 
tion in  office,  and  for  the  direction  of  this  Assembly 
in  all  their  deliberations,  before  I  leave  this  seat  I  am 
to  present  to  you  and  this  house  the  rules  of  this  As- 
sembly, which  I  doubt  not  will  be  carefully  observed 
by  both  in  conducting  the  business  that  may  come 
before  you. 

Having  now  presented  these  rules,  according  to 
order,  for  your  instruction  as  moderator  and  for  the 


THE  GENERAL  ASSEMBLY.  83 

direction  of  all  the  members  in  the  management  of 
business,  praying  that  Almighty  God  may  direct  and 
bless  all  the  deliberations  of  this  General  Assembly  for 
the  glory  of  His  name  and  for  the  edification  and  com- 
fort of  the  Presbyterian  Church  in  the  United  States,  I 
resign  my  place  and  office  as  moderator. 

—M.  G.AAS22,pp.  15,16. 

Stated  Clerk. 

§  157.  The  stated  clerk  shall  transcribe 
for  the  press  such  parts  as  may  be  neces- 
sary of  the  minutes  ordered  to  be  published 
from  year  to  year.  He  shall  correct  the 
press,  and  superintend  the  printing  of  all 
the  minutes  and  papers  which  shall  be  or- 
dered to  be  printed  by  the  General  Assem- 
bly. As  soon  as  the  extracts  are  printed 
from  year  to  year,  he  shall  send  one  copy 
by  mail  to  each  Presbytery  and  a  copy  to 
each  minister  of  every  Presbytery  that  pays 
the  full  assessment  to  the  contingent  fund 
of  the  General  Assembly. 

He  shall  have  charge  of  all  the  books 
and  papers  of  the  General  Assembly ;  shall 
cause  their  minutes  to  be  fairly  transcribed 
into  the  book  or  books   provided  for  the 


81  MANUAL  OP  LAW  AND  USAGE. 

purpose;  and  give  attested  copies  of  all 
minutes  and  other  documents  when  prop- 
erly required  so  to  do. 

Permanent  Cleric. 

§  158.  The  duty  of  the  permanent  clerk 
shall  be,  from  year  to  year,  to  draught  the 
minutes  of  the  Assembly  during  their  ses- 
sions, and  afterwards  to  perform  such  ser- 
vices respecting  the  transcribing,  printing, 
and  distributing  the  extracts  as  shall  be 
assigned  him  from  time  to  time. 

The  permanent  clerk  shall  furnish  all 
the  stationery  for  the  use  of  the  Assembly 
and  the  several  clerks.  He  shall  make  the 
original  draught  of  all  the  minutes,  and 
give  certified  copies,  as  occasion  may  re- 
quire, of  all  such  as  may  be  proper  to  be 
transmitted  to  the  trustees  of  the  General 
Assembly,  or  any  of  their  officers.  After 
the  Assembly  rises,  from  year  to  year,  he 
shall  carefully  revise  the  manuscript,  ren- 
der it  correct  and  legible,  and  deliver  it 
over  to  the  stated  clerk. 


THE  GENERAL  ASSEMBLY.  85 

Temporary  Clerks. 
» 
§  159.  Two  temporary  clerks  are  chosen 

by  each  Assembly  to  read  the  minutes  and 
communications  to  the  Assembly,  and  oth- 
erwise aid  the  permanent  clerk  as  occasion 
may  require. 

Choice  of  Clerks  not  confined  to  Members  of 
the  Assembly. 

§  160.  That  it  be  considered  as  the  right 
of  every  member  of  the  Assembly  to  vote 
for  a  clerk  who  is  not  a  member  of  the 
body.— 31.  G.  A.  1793,^.  64. 

§  161..  Each  session  of  the  Assembly 
shall  be  opened  and  closed  with  prayer. 
And  the  whole  business  of  the  Assembly 
being  finished,  and  the  vote  taken  for  dis- 
solving the  present  Assembly,  the  modera- 
tor shall  say  from  the  chair : 

By  virtue  of  the  authority  delegated  to  me  by  the 
Church,  let  this  General  Assembly  be  dissolved,  and  I  do 
hereby  dissolve  it,  and  require  another  General  Assem- 
bly, chosen  in  the  same  manner,  to  meet  at ,  on 

the day  of ,  A.  D. . 


86  MANUAL  OF  LAW  AND  USAGE. 

After  which  he  shall  pray  and  return 
thanks,  and*  pronounce  on  those  present 
the  apostolic  benediction. — F.  G.  ch.  xii, 
par.  viii: 


OFFICERS  OF  CHURCH  COURTS.  87 

CHAPTER  VIII. 

OFFICERS  OF  CHURCH  COURTS. 

§  162.  In  every  church  court,  properly 
and  fully  constituted,  there  are  certain  of- 
ficers, to  whom  definite  powers  and  duties 
appertain. 

§  163.  In  a  church  Session,  the  officers 
are  a  moderator  and  clerk. 

§  164.  When  a  Session  is  convened  and 
properly  constituted  for  business,  the  mod- 
erator must  preside. 

§  165.  In  the  absence  of  the  clerk,  the 
Session  must  choose  a  clerk  pro  tempore, 
who  shall  record  the  proceedings  and  trans- 
mit them  to  the  clerk  to  be  recorded  in  due 
form. 

§  166.  The  officers  of  a  Presbytery  are  a 
moderator,  a  stated  clerk,  and  temporary 
clerk. 


88  MANUAL  OF  LAW  AND  USAGE. 

§  167.  The  moderator  of  a  Presbytery 
is  a  minister  chosen  by  the  body  to  fill  the 
place  from  one  stated  meeting  to  the  next, 
that  is,  for  a  period  of  six  months. 

§  168.  At  a  stated  meeting  of  Presbytery, 
after  the  calling  of  the  roll  by  the  stated 
clerk,  the  first  business  in  order  is  the  elec- 
tion of  a  moderator,  and  the  person  so  elect- 
ed must  immediately  take  the  chair. 

§  169.  Such  moderator  must,  when  re- 
quired, call  all  pro  re  nata  meetings,  and 
preside  at  all  meetings  of  the  body  during 
his  term  of  office.  He  must  also  preach 
the  opening  sermon  at  the  next  stated  meet- 
ing, and  preside  in  such  meeting  until  his 
successor  is  elected. 

§  170.  The  stated  clerk  should  be  present 
at  every  meeting  of  the  body  to  discharge 
the  duties  assigned  him ;  and  in  case  of  his 
absence  or  inability  to  act,  the  body  must 
choose  a  clerk  pro  tempore. 

§  171.  The  temporary  clerk  may  be  elect- 


OFFICERS  OF  CHURCH  COURTS.  89 

ed  at  every  meeting  of  the  body,  and  his 
duty  is  to  make  a  fair  record  of  the  proceed- 
ings of  the  meeting  and  transmit  them  to 
the  stated  clerk  for  record. 

§  172.  The  treasurer  is  usually  elected 
by  the  body  from  the  ruling  elders  for  an 
indefinite  period.  His  duties  are  to  receive 
and  disburse  the  funds  of  the  body  accord- 
ing to  their  direction,  and  to  make  a  report 
of  his  accounts  to  the  body  annually. 

§  1*73.  The  officers  of  a  Synod  are  the 
same  as  in  the  Presbytery,  and  their  mode 
of  election,  continuance  in  office,  and  sev- 
eral duties,  are  governed  by  the  same  gen- 
eral rules. 

§  174.  The  officers  of  the  General  Assem- 
bly are  moderator,  stated  clerk,  permanent 
clerk,  and  temporary  clerks. 


90  MANUAL  OF  LAW  AND  USAGE. 

CHAPTER  IX. 

COMMITTEES  AND  COMMISSIONS. 

§  175.  In  every  church  court,  as  well  ag 
in  every  particular  church  or  congregation, 
there  are  requisite  various  committees  for 
the  expedition  and  proper  transaction  of 
the  business  pertaining  to  each  part  and 
to  the  whole  Church,  and  for  its  general 
edification  and  prosperity. 

§  176.  The  committees  of  the  General 
Assembly  are  divided  into  three  classes, 
viz:  Permanent  committees  or  boards, 
standing  committees,  and  special  commit- 
tees. 

§  177.  The  permanent  committees  or 
boards  are  at  present  (1873)  as  follows: 

Home  Missions,  located  at  New  York. 

Foreign  Missions,  located  at  New 
York. 

Education,  located  at  Philadelphia. 


COMMITTEES  AND  COMMISSIONS.  91 

Church  Erection,  located  at  New  York. 

Ministerial  Relief,  located  at  Philadel- 
phia. 

Publication,  located  at  Philadelphia. 

Freedraen,  located  at  Pittsburg. 

Sustentation  Fund,  located  at  Alle- 
gheny. 

Manses,  located  at  Philadelphia. 

Benevolence  and  Finance,  located  at 
New  York. 

§  1*78.  These  committees  or  boards  are 
constituted  of  ministers  and  elders  chosen 
by  the  Assembly  usually  from  the  vicinity 
of  the  centre  of  their  operations ;  and  their 
duties  are  sufficiently  indicated  by  the  des- 
ignations of  the  boards  themselves.  They 
are  generally  incorporated,  or  organized 
under  the  laws  of  the  State  where  they  are 
located,  and  governed  by  the  regulations 
of  their  respective  charters  or  organiza- 
tions. 

§  179.  The  standing  committees  are 
those  which  are  appointed  by  the  modera- 


92  MANUAL  OF  LAW  AND  USAGE. 

tor  of  each  Assembly  for  the  execution  of 
the  business  of  that  Assembly,  and  are  usu- 
ally announced  by  him  on  the  morning  of 
the  second  day  of  the  sessions.  They  are 
as  follows: 

Bills  and  Overtures,  consisting  of  eight 
ministers  and  seven  elders. 

Judicial,  consisting  of  eight  ministers 
and  seven  elders. 

Polity  of  the  Church,  consisting  of 
eight  ministers  and  seven  elders. 

Foreign  Missions,  consisting  of  eight 
ministers  and  seven  elders. 

Home  Missions,  consisting  of  eight 
ministers  and  seven  elders. 

Education,  consisting  of  eight  minis- 
ters and  seven  elders. 

Publication,  consisting  of  eight  min- 
isters and  seven  elders. 

Church  Erection,  consisting  of  eight 
ministers  and  seven  elders. 

Theological  Seminaries,  consisting  of 
eight  ministers  and  seven  elders. 

Sustentation  Fund,  consisting  of  eight 
ministers  and  seven  elders. 


COMMITTEES  AND  COMMISSIONS.  93 

Ministerial  Belief,  consisting  of  eight 
ministers  and  seven  elders. 

Freedmen,  consisting  of  eight  minis- 
ters and  seven  elders. 

Correspondence,  consisting  of  eight 
ministers  and  seven  elders. 

Narrative,  consisting  of  three  minis- 
ters and  two  elders. 

Leave  of  Absence,  consisting  of  eight 
ministers  and  seven  elders. 

Mileage,  consisting  of  five  elders. 

Finance,  consisting  of  five  elders. 

Devotional  Exercises,  consisting  of 
three  ministers  and  two  elders. 

Synodical  Records,  consisting  of  one 
minister  and  one  elder  for  each. 

§  180.  These  committees  act  only  during 
the  sessions  of  the  Assembly  for  which 
they  are  appointed,  and  are  dissolved  after 
they  have  completed  their  duties. 

1.  Bills  and  Overtures. 

§  181.  Petitions,  questions  relating 
either  to  doctrine  or  order,  intended  to  be 


94  MANUAL  OF  LAW  AND  USAGE. 

brought  before  the  Assembly  for  decision, 
and  in  general  all  new  propositions  tend- 
ing to  general  laws,  shall  usually  be  laid 
before  the  Committee  on  Bills  and  Over- 
tures before  they  be  offered  to  the  Assem- 
bly. 

2.  Judicial. 

§  182.  The  duty  of  this  committee  shall 
be  to  take  into  consideration  all  appeals 
and  references  brought  to  the  Assembly ; 
to  ascertain  whether  they  are  in  order  ;  to 
digest  and  arrange  all  the  documents  re- 
lating to  the  same  ;  and  to  propose  to  the 
Assembly  the  best  method  of  proceeding  in 
each  case. 

3.  Polity. 

§  183.  To  this  committee  is  referred  to 
examine  and  settle  the  true  roll  of  the 
Presbyteries  and  Synods  connected  with 
the  Assembly ;  and  to  receive  the  reports 
of  the  several  Presbyteries  on  amending 
the  Constitution  of  the  Church. 


COMxMITTEES  AND  COMMISSIONS.  95 

§  184.  The  duties  of  the  other  commit- 
tees are  sufficiently  indicated  by  the  titles 
which  designate  them. 

§  185.  There  are  likewise  two  other  com- 
mittees, which  may  be  called  standing  com- 
mittees :  The  Committee  on  Commissions, 
consisting  of  the  stated  and  permanent 
clerks ;  and  the  Committee  on  Elections, 
usually  consisting  of  two  ministers  and  one 
elder,  appointed  on  the  first  day  of  the 
meeting,  whose  duty  it  is  to  report  on  the 
admission  of  any  new  members  during  the 
sessions  of  the  body. 

§  186.  The  special  committees  are  such, 
as  are  raised  from  time  to  time  in  the  reg- 
ular order  of  business  and  for  the  special 
purposes  and  duties  for  which  they  are 
appointed.  Such  committees  are  usually 
provided  for  by  motion  of  some  member, 
and  chosen  by  a  vote  or  appointed  by  the 
moderator  under  direction  of  the  body. 

Sy nodical  Committees. 
§  187.  There  is  considerable  variety  in 


96  MANUAL  OF  LAW  AND  USAGE. 

the  different  Synods  as  to  the  number  and 
designation  of  their  committees.  However, 
they  may  generally  be  divided  into  three 
classes,  viz:  Permanent  or  standing  com- 
mittees, regular  committees,  and  special 
committees. 

§  188.  The  permanent  or  standing  com- 
mittees are  such  as  are  appointed  for  an 
indefinite  term,  to  have  charge  of  the  mat- 
ters respectively  committed  to  them  within 
the  bounds  of  the  Synod ;  and  they  are  in- 
tended to  correspond  to  the  like  series  of 
committees  of  the  Assembly,  and  to  act  in 
the  same  general  work  of  the  Church. 

§  189.  They  have  similar  designations 
and  are  charged  with  similar  duties  as 
those  of  the  corresponding  committees  of 
the  General  Assembly. 

§  190.  The  regular  committees  are  those 
appointed  by  the  moderator  at  the  stated 
meetings,  whose  duties  terminate  with  the 
final  adjournment.     They  are  usually — 
Bills  and  Overtures. 


COMMITTEES  AND  COMMISSIONS.  97 

Judicial. 

Narrative. 

Leave  of  Absence.  * 

Finance. 

Minutes  of  General  Assembly. 

Devotional  Exercises. 

Presbyterial  Records. 

§  191.  The  special  committees  are  such 
as  are  raised  in  the  transaction  of  business, 
and  their  functions  cease  with  the  conclu- 
sion of  the  special  matter  for  which  they 
were'  appointed. 

Presbyterial  Committees. 

§  192.  As  a  Presbytery  is  a  smaller  body, 
confined  to  a  narrower  district,  there  are 
usually  fewer  committees  than  those  of  the 
Synod,  but  they  partake  of  the  same  gen- 
eral character,  and  are  similarly  chosen. 

Sessional  Committees. 

§  193.  The  committees  of  a  church  Ses- 
sion are  usually  special,  raised  from  time 
to  time  for  special  purposes. 

7 


98  MANUAL  OF  LAW  AND  USAGE. 

Congregational  Committees. 

§  194.  The  committees  of  a  church  or 
congregation  may  be  standing  or  special, 
according  to  the  nature  and  design  of  the 
business  with  which  they  are  intrusted, 
and  their  appointment,  designation,  num- 
ber, and  term  of  action  are  governed  by 
the  system  of  regulations,  by-laws,  and 
usages  prevalent  in  each  particular  con- 
gregation. 

§  195.  It  is  important,  if  not  essential  to 
the  well-being  of  every  particular  church, 
that  it  should  have  a  board  of  trustees 
chartered  or  incorporated,  to  whom  in  suc- 
cession the  property  of  the  church  should 
be  held  for  the  use  and  under  the  direction 
of  the  congregation. 

Commissions. 

§  196.  A  commission  is  an  extraordinary 
committee  of  a  church  court,  appointed 
either  for  some  special  business  or  to  take 
cognizance  of  such  as  may  arise  during  the 
vacations  of  the  court. 


COMMITTEES  AND  COMMISSIONS.  99 

§  197.  It  differs  from  an  ordinary  com- 
mittee in  that  it  is  empowered  not  only  to 
inquire  and  prepare  business  for  the  action 
of  the  court,  but  also  provisionally  to  come 
to  any  such  determinations  and  enforce 
any  such  decisions  as  would  be  within  the 
competence  of  the  court  itself. 

§  198.  It  differs  from  a  court,  as  its  de- 
cisions and  determinations  are  merely  pro- 
visional and  of  force  ad  interim,  and  must 
be  subjected  to  the  revision  and  ultimate 
determination  of  the  court,  by  which  they 
may  be  set  aside  and  annulled,  and  which 
alone  can  by  its  sanction  give  them  per- 
manent authority. 

§  199.  It  differs  from  a  court  further,  in 
the  fact  that  from  its  decisions  there  can  be 
no  appeal,  in  the  technical  sense  of  that 
word ;  since  an  appeal  supposes  an  inferior 
court  and  a  definitive  sentence ;  neither  of 
which  here  exists. 

§  200.  An  aggrieved  party  may  bring  a 


100  MANUAL  OF  LAW  AND  USAGE. 

complaint  against  the  acts  of  the  commis- 
sion, and  they  will  of  necessity  be  brought 
up  for  the  revision  of  the  court.  But  upon 
neither  process  do  the  questions  arise  which 
occur  in  reviewing  the  records  of  an  infe- 
rior court,  or  hearing  an  appeal  from  its 
sentence,  whether  the  court  has  kept  within 
the  limits  of  its  competence  under  the  con- 
stitution, and  whether  its  sentence  shall  be 
reversed.  On  the  contrary,  the  question 
which  arises  upon  review  of  the  acts  of  a 
commission  is,  whether  the  court  will  re- 
cognize as  its  own  the  decrees  provisionally 
passed  in  its  name?  Should  this  question 
be  answered  in  the  affirmative,  the  decis- 
ions in  question  are  at  once  vested  with  all 
the  authority  of  the  court ;  if  in  the  nega- 
tive, they  are  rendered  null  and  void  from 
the  beginning. 

§  201.  A  further  difference  between  a 
commission  and  a  court  appears  in  the  fact, 
that  whatever  issues  may  arise  or  questions 
be  decided  upon  the  acts  of  a  commission, 
its  members  sit,  deliberate,  and  vote  on 


COMMITTEES  AND  COMMISSIONS.  101 

perfect  equality  of  right  with  other  mem- 
bers of  the  court. 

§  202  The  number  composing  commis- 
sions has  been  determined  by  the  conveni- 
ence of  the  members  and  the  importance 
of  the  business. 


102  MANUAL  OF  LAW  AND  USAGE. 

CHAPTER  X. 

JURISDICTION  OF  CHURCH  COURTS. 

§  203.  There  are  four  ecclesiastical  courts 
in  our  church  government,  according  to 
the  following  order,  viz  :  The  Church  Ses- 
sion, the  Presbytery,  the  Synod,  and  the 
General  Assembly. 

§  204.  All  actions  for  offence  against 
church  officers  and  members,  except  min- 
isters, must  be  initiated  in  the  Session  of 
the  church  to  which  they  respectively  be- 
long. 

§  205.  All  actions  for  offence  against 
ministers  must  be  initiated  in  the  Presby- 
tery of  which  they  are  members. 

§  206.  And  every  action,  judicial  or  oth- 
erwise, which  may  have  ground  for  the 
consideration  and  determination  of  the 
courts,  will  carry  the  cause,  of  whatsoever 


JURISDICTION  OF  CHURCH  COURTS.        103 

nature,  in  one  of  the  four  ways  provided 
in  the  Form  of  Government,  (by  general 
review,  by  reference,  by  complaint,  or  by 
appeal,)  in  regular  order  from* the  court 
where  it  is  regularly  initiated,  first  to  the 
next  higher,  then  to  the  next,  and  finally 
to  the  General  Assembly,  which  is  the  court 
of  last  resort.    - 

§  207.  Any  deviation  from  this  order  is 
irregular,  and  if  permitted,  must  be  so 
without  any  positive  law. 

§  208.  No  court  can  interfere  with  the 
proper  authority  and  jurisdiction  of  an- 
other: and  all  such  interference  will  fur- 
nish cause  of  complaint  against  the  court 
so  interfering  by  the  court  whose  jurisdic- 
tion is  interfered  with. 

§  209.  The  only  courts  which  can  origi- 
nally try  for  offences  are  the  church  Ses- 
sion and  the  Presbytery,  except  in  case  of 
a  minister  of  a  defunct  Presbytery ;  then 
the  Synod  to  which  that  Presbytery  be- 
longed must  institute  proceedings. 


104  MANUAL  OF  LAW  AND  USAGE. 

§  210.  The  Presbytery  can  only  super- 
vise the  actions  and  judgments  of  the  Ses- 
sion. They  cannot  take  direct  cognizance 
of  the  affairs  of  the  congregation,  unless  by 
the  consent  of  the  Session,  or  in  such  cases 
as  the  Session  and  congregation  may,  by 
mutual  agreement,  refer  to  the  Presbytery 
for  their  action. 

§  211.  The  Synod  can  properly  review 
only  the  actions  and  judgments  of  the  Pres- 
bytery. They  cannot  take  cognizance  di- 
rectly of  the  actions  and  judgments  of  the 
Session,  except  in  cases  of  contest  between 
a  Session  and  Presbytery,  and  where,  by 
mutual  consent,  the  parties  make  a  refer- 
ence of  the  matter  in  question  to  the  Synod. 

§  212.  The  General  Assembly,  as  an  ap- 
pellate court,  can  issue  and  determine  ju- 
dicial cases,  when  regularly  brought  before 
them,  from  the  lower  courts;  can  deter- 
mine all  doctrinal  questions ;  can  interpret 
the  constitution,  decide  controversies  res- 
pecting discipline,  and   give  advice   and 


JURISDICTION  OF  CHURCH  COURTS.        105 

instruction  in  all  cases  submitted  to  them 
in  conformity  with  the  Constitution  of  the 
Church  ;  and  they  can  also  overture  the 
Presbyteries  for  amendments  to  the  Con- 
stitution or  organic  law  of  the  whole 
Church. 

§  213.  But  their  decisions  are  of  no  force 
to  establish  any  new  law,  and  can  only  be 
employed  as  precedents  for  future  guidance. 

§  214.  The  law-making  power  is  the 
Presbyteries  only. 

§  215.  No  judicatory  of  our  Church  has 
any  legitimate  functions  save  those  which, 
either  expressly  or  by  clear  implication, 
the  Constitution  confers. 

§  216.  The  disciplinary  functions  of  the 
General  Assembly  are  of  two  kinds,  advi- 
sory and  authoritative;  and  between  these 
there  should  be  a  careful  discrimination. 

§  217.  The  advisory  function  of  the  As- 
sembly is  of  very  wide  scope.  According 
to  the  Form  of  Government,  they  have  the 


106  MANUAL  OF  LAW  AND  USAGE. 

power  of  reproving,  warning,  or  bearing 
testimony  against  error  in  doctrine,  or  im- 
morality in  practice  in  any  church,  Pres- 
bytery, or  Synod,  and  of  recommending 
reformation  of  manners  through  all  the 
churches  under  their  care.  This  function 
of  reproof  may  be  exercised  in  reference  to 
any  evil  grave  enough  to  call  for  it.  Nor 
is  it  an  unimportant  function.  The  testi- 
mony of  such  a  body  as  the  General  As- 
sembly, especially  if  unanimously  given, 
must  have  great  weight.  It  has,  indeed, 
only  a  moral  influence.  It  is  not  authori- 
tative. It  binds  no  other  body,  not  even  a 
succeeding  General  Assembly.  It  binds  no 
individual ;  yet  cases  are  not  infrequent  in 
which  a  moral  influence  of  this  sort,  if  not 
the  only  one  that  can  be  employed,  is  the 
most  efficacious.  It  has  greater  power  over 
the  conscience,  often,  than  the  most  strin- 
gent exercise  of  bare  authority. 

§  218.  The  authoritative  function  of  the 
Assembly,  or  its  power  of  discipline,  can 
only  be  exercised  in  the  forms  and  meth- 


JURISDICTION  OF  CHURCH  COURTS.        107 

ods  marked  out  in  the  Constitution.  It  is 
by  no  means  coextensive  with  its  testify- 
ing power.  As  counsel  or  testimony  has 
only  a  moral  force,  the  manner  in  which  it 
shall  be  put  forth  is  wisely  left  to  the  dis- 
cretion of  the  Assembly.  Not  so  with  dis- 
cipline; concerning,  as  it  does,  the  dearest 
rights  and  interests,  it  is  of  the  highest 
importance  that  the  mode  of  its  exercise 
should  be  particularly  prescribed.  So  we 
find  it  in  our  Form  of  Government.  Every 
step  is  distinctly  set  forth,  and  the  greatest 
care  taken  to  guard  all  concerned  against 
mistake  and  abuse. 

§219.  The  methods  in  which  the  au- 
thoritative action  of  the  Assembly  may  be 
evoked  are  set  forth  in  the  seventh  chap- 
ter of  the  Book  of  Discipline. — (See  Chap. 
XXIII.) 

§  220.  The  General  Assembly  has  no 
power  to  commence  a  process  of  discipline 
with  an  individual  offender.  That,  by  a 
just  and  wise  arrangement,  belongs  to  the 
Session  in  the  case  of  a  layman,  and  to  the 


108  MANUAL  OF  LAW  AND  USAGE. 

Presbytery  in  the  case  of  a  minister.  The 
disciplinary  function  of  the  Assembly  as  to 
individuals  is  simply  appellate  and  revis- 
ionary.  It  is  not  the  court  of  first,  but  of 
last  resort. 

§  221.  In  the  way  of  general  review  and 
control,  it  can  reach  directly  only  the  ju- 
dicatory next  below — that  is,  the  Synod. 
Indirectly,  indeed,  the  doings  of  other 
bodies  may  be  involved.  A  Session  may 
grossly  neglect  discipline,  for  example, 
and  the  recorded  indication  or  the  com- 
mon fame  thereof  may  not  be  properly 
heeded  by  the  Presbytery.  The  fruit  of 
this  heedlessness,  or  the  evidence  of  it  in 
the  presbyterial  records,  may  call  forth 
no  appropriate  action  on  the  part  of  the 
Synod;  and  this  may  be  brought  by  the 
synodical  records,  or  by  general  rumor, 
to  the  knowledge  of  the  Assembly.  On 
the  ground  of  either  the  record  or  the  ru- 
mor, the  Assembly  may  cite  the  Synod 
before  them.  Thus  mediately  may  even 
a  Session  be  reached,  but  not  directly. 


ELECTION  OF  ELDERS  AND  DEACONS.      109 

CHAPTER  XI. 

THE  ELECTION  AND  ORDINATION  OF  RULING  EL- 
DERS AND  DEACONS,  AND  THE  INSTALLATION 
OF  RULING  ELDERS  IN  OTHER  CHURCHES. 

§  222.  Ruling  elders  are  properly  the 
representatives  of  the  people,  chosen  by 
them  for  the  purpose  of  exercising  gov- 
ernment and  discipline,  in  conjunction 
with  pastors  or  ministers. — F.  G.  ch.  v. 

§  223.  Deacons  are  officers  in  the  church, 
whose  business  it  is  to  take  care  of  the  poor, 
and  to  distribute  among  them  the  collec- 
tions which  may  be  raised  for  their  use. 
To  them  also  may  be  properly  committed 
the  management  of  the  temporal  affairs  of 
the  church. — F.  G.  ch.  vi. 

§  224.  Every  congregation  shall  elect 
persons  to  the  office  of  ruling  elder  and  to 
the  office  of  deacon,  or  either  of  them,  in 
the  mode  most  approved  and  in  use  in  that 


110  MANUAL  OF  LAW  AND  USAGE. 

congregation.  But  in  all  cases  the  per- 
sons elected  must  be  male  members  in  full 
communion  in  the  church  in  which  they 
are  to  exercise  their  office. — F.  G.  cli.  xiii, 
par.  ii. 

§  225.  The  ruling  elder  is,  by  virtue  of 
his  election  and  ordination,  a  member  of 
the  church  Session  of  the  particular  con- 
gregation by  which  he  is  chosen,  and  as 
such  is  entitled  to  all  the  rights,  privileges, 
and  honors,  as  well  as  liable  to  all  the  re- 
sponsibilities and  duties,  which  are  pre- 
scribed for  the  members  of  a  Session. 

§  226.  The  deacon  has  no  part  in  the 
spiritual  government  and  discipline  of  the 
church,  and  cannot  be  a  member,  by  vir- 
tue of  his  office,  of  any  of  our  church 
courts. 

§  227.  When  a  person  shall  have  been 
elected  to  either  of  these  offices,  and  shall 
have  declared  his  willingness  to  accept 
thereof,  he  shall  be  set  apart  in  the  follow- 
ing manner,  viz: 


ELECTION  OF  ELDERS  AND  DEACONS.      Ill 

After  sermon  the  minister  shall  state, 
in  a  concise  manner,  the  warrant  and  na- 
ture of  the  office  of  ruling  elder  or  deacon, 
together  with  the  character  proper  to  he 
sustained  and  the  duties  to  be  fulfilled  by 
the  officer  elect ;  having  done  this,  he  shall 
propose  to  the  candidate,  in  the  presence 
of  the  congregation,  the  following  ques- 
tions, viz : 

1.  Do  you  believe  the  Scriptures  of  the  Old  and  New 
Testaments  to  be  the  word  of  God,  the  only  infallible 
rule  of  faith  and  practice? 

2.  Do  you  sincerely  receive  and  adopt  the  Confession 
of  Faith  of  this  Church,  as  containing  the  system  of 
doctrine  taught  in  the  Holy  Scriptures? 

3.  Do  you  approve  of  the  government  and  discipline 
of  the  Presbyterian  Church  in  these  United  States? 

4.  Do  you  accept  the  office  of  ruling  elder  (or  deacon, 
as  the  case  may  be)  in  this  congregation,  and  promise 
faithfully  to  perform  all  the  duties  thereof? 

5.  Do  you  promise  to  study  the  peace,  unity,  and 
purity  of  the  church  ? 

The  elder  or  deacon  elect  having  an- 
swered these  questions  in  the  affirmative, 
the  minister  shall  address  to  the  members 
of  the  church  the  following  question,  viz: 

Do  you,  the  members  of  this  church,  acknowledge  and 


112  MANUAL  OF  LAW  AND  USAGE. 

receive  this  brother  as  a  ruling  elder,  (or  deacon,)  and 
do  you  promise  to  yield  him  all  that  honor,  encourage- 
ment, and  obedience  in  the  Lord  to  which  his  office, 
according  to  the  Word  of  God  and  the  Constitution  of 
this  Church,  entitles  him? 

The  members  of  the  church  having  an- 
swered this  question  in  the  affirmative,  by 
holding  up  their  right  hands,  the  minister 
shall  proceed  to  set  apart  the  candidate  by 
prayer  to  the  office  of  ruling  elder,  (or  dea- 
con, as  the  case  may  be,)  and  shall  give  to 
him  and  to  the  congregation  an  exhorta- 
tion suited  to  the  occasion. 

Where  there  is  an  existing  Session,  it  is 
proper  that  the  members  of  that  body,  at 
the  close  of  the  service  and  in  the  face  of 
the  congregation,  take  the  newly-ordained 
elder  by  the  hand,  saying  in  words  to  this 
purpose — 

We  give  you  the  right  hand  of  fellowship  to  take 
part  of  this  office  with  us. 

— F.  G.  ck.  xiiijpar.  iii-v. 

§  228.  The  offices  of  ruling  elder  and  dea- 
con are  both  perpetual,  and  cannot  be  laid 
aside  at  pleasure. — F.  G.  ch.  xiii,par.  vi. 


ELECTION  OF  ELDERS  AND  DEACONS.      113 

§  229.  No  person  can  be  divested  of  either 
office  but  by  deposition. — Ibid. 

§  230.  Yet  an  elder  or  deacon  may  be- 
come, by  age  or  infirmity,  incapable  of 
performing  the  duties  of  his  office ;  or  he 
may,  though  chargeable  with  neither  her- 
esy nor  immorality,  become  unacceptable, 
in  his  official  character,  to  a  majority  of 
the  congregation  to  which  he  belongs.  In 
either  of  these  cases  he  may,  as  often  hap- 
pens with  respect  to  a  minister,  cease  to  be 
an  acting  elder  or  deacon. — Ibid. 

§  231.  Whenever  a  ruling  elder  or  dea- 
con, from  either  of  these  causes,  or  from 
any  other  not  inferring  crime,  shall  be  in- 
capable of  serving  the  church  to  edification, 
the  Session  shall  take  order  on  the  subject, 
and  state  the  fact,  together  with  the  reasons 
of  it,  on  their  records:  Provided  always, 
that  nothing  of  this  kind  shall  be  done 
without  the  concurrence  of  the  individual 
in  question,  unless  by  the  advice  of  Pres- 
bytery. — F.  G.  ch.  xiii,par.  vii. 


114  MANUAL  OF  LAW  AND  USAGE. 

§  232.  A  ruling  elder  or  deacon  who  has 
in  either  of  the  above  modes  been  divested 
of  his  official  prerogatives,  cannot  be  a 
member  of  any  of  our  church  courts  while 
thus  divested. 

§  233.  An  elder  once  divested  of  his  offi- 
cial prerogatives  may  on  good  grounds  be 
recommended  by  the  Session  to  re-election 
by  the  congregation,  when  he  shall  be  re- 
installed, but  not  reordained. 

§  234.  When  an  elder  is.  dismissed,  at 
his  own  request,  to  join  another  church, 
his  certificate  should  be,  "as  a  member 
and  ruling  elder  in  good  standing,"  &c. 
The  church  to  which  he  goes  may  elect  him 
to  serve  as  an  elder  over  them :  in  which 
case  he  must  be  installed,  but  not  re- 
ordained.— M.  0.  S.  G.  A.  1849,  jp.  265; 
1856,  #.  539. 

§  235.  If  an  elder  be  suspended  from  the 
communion  of  the  church,  he  cannot  be  re- 
stored to  the  functions  of  his  office,  though 


ELECTION  OF  ELDERS  AND  DEACONS.      115 

restored  to  the  communion,  without  a  spe- 
cial and  express  act  of  the  Session,  with 
the  acquiescence  of  the  church. — 31.  G.  A. 
1836,  _p.  263. 

§  236.  Deposition  and  excommunication 
are  distinct  things,  not  necessarily  connect- 
ed with  each  other.  The  former  does  not 
include  the  latter.—  M.  G.A.  1814,  p.  549. 

§  237.  An  elder  of  one  church  has  no 
right  to  adjudicate  in  another  church  of 
which  he  is  not  a  member,  even  though  he 
should  be  invited  by  the  church  to  do  so. — 
M.G.A.l$3l,p.  175. 

§  238.  An  elder  elect  is  not  a  member  of 
the  Session,  or  competent  to  sit  in  a  judi- 
cial case  before  he  is  ordained. — M.  N.  S. 
G.  A.  1868,  p.  58. 


116  MANUAL  OF  LAW  AND  USAGE. 


CHAPTER  XII. 

LICENSING  CANDIDATES  TO  PREACH   THE  GOSPEL 
AND  ORDAINING  MINISTERS. 

§  239.  The  power  of  licensing  candidates 
to  preach  the  gospel  and  ordaining  minis- 
ters belongs  solely  to  the  Presbytery. 

§  240.  Every  candidate  for  licensure  shall 
be  taken  on  trials  by  that  Presbytery  to 
which  he  most  naturally  belongs,  or  gen- 
erally that  Presbytery  within  whose  bounds 
he  has  ordinarily  resided. — F.  G.  ch.  xiv, 
par.  ii. 

§  241.  But  in  cases  of  obvious  conveni- 
ence, a  Presbytery  at  a  distance  from  that 
to  which  he  would  naturally  belong  may 
receive  such  candidate. — Ibid. 

§  242.  When  a  candidate  is  to  be  re- 
ceived under  the  care  of  a  Presbytery,  he 


LICENSING  CANDIDATES.  117 

must  furnish  testimonials  of  personal  piety 
and  other  requisite  qualifications. — Ibid. 

§  243.  It  is  further  required,  that  the 
Presbytery  receiving  should  examine  the 
candidate  on  his  experimental  acquaintance 
with  religion  and  the  motives  which  influ- 
ence him  to  desire  the  sacred  office. — F.  G. 
ch.  xiv,  par.  Hi. 

§  244.  The  sources  of  evidence  in  this 
examination  are  stated  in  the  Form  of  Gov- 
ernment as  follows : 

(a)  Testimonials  of  a  Presbytery  or  of 
two  ministers  in  good  standing  in  a  Pres- 
bytery. 

(b)  Testimonials  of  good  moral  char- 
acter and  of  regular  membership  in  some 
particular  church. 

(c)  A  diploma  of  bachelor  or  master 
of  arts  from  some  college  or  university. 

(c?)  Authentic  testimonials  of  having 
gone  through  a  regular  course  of  learn- 
ing. 

(e)  In  some  one  or  all  these  ways  the 


118  MANUAL  OF  LAW  AND  USAGE. 

testimony  presented  must  be  satisfactory 
to  the  Presbytery. — F.  G.  ch.  xiv,  par. 


§  245.  In  addition  to  such  preliminary 
examination  the  Presbytery  shall  further 
examine  the  candidate  in  his  knowledge 
of  the  Latin  language  and  the  original 
languages  in  which  the  Holy  Scriptures 
were  written;  of  the  arts  and  sciences;  of 
theology,  natural  and  revealed  ;  of  ecclesi- 
astical history  ;  the  sacraments  and  church 
government;  and  they  shall  require  of 
him — (1)  a  Latin  exegesis  on  some  com- 
mon head  of  divinity  ;  (2)  a  critical  ex- 
ercise on  some  passage  of  scripture  ;  (3)  a 
lecture  or  exposition  of  several  scripture 
verses ;  and  (4)  a  popular  sermon  ;  or  (5) 
some  similar  exercises  that  may  serve  to 
evince  the  candidate's  piety,  literature,  and 
aptness  to  teach  in  the  churches. — F.  G. 
ch.  xiv,  par.  iv,  v. 

§  246.  When  the  Presbytery  deem  it 
expedient,  they  may  require  the  candidate 


LICENSING  CANDIDATES.  119 

to  deliver  the  lecture  and  popular  sermon 
before  some  particular  congregation. — F. 
G.  ch.  xiv,  par.  v. 

§  247.  It  is  further  recommended,  that 
no  candidate  be  licensed  unless,  in  addi- 
tion to  his  completion  of  a  regular  course 
of  academical  studies,  he  shall  also  have 
taken  the  usual  course  at  some  theological 
school  or  seminary,  or  at  least  shall  have 
studied  divinity  for  the  term  of  two  years 
under  some  approved  divine  or  professor 
of  theology. — F.  G.  ch.  xiv,  par.  vi. 

§  248.  The  Presbytery,  being  satisfied  of 
the  fitness  of  the  candidate,  shall  proceed  to 
license  him  in  the  following  manner: 

(a)  The  moderator  shall  propound  to 

him  the  following  questions  : 

1.  Do  you  believe  the  Scriptures  of  the  Old  and 
New  Testaments  to  be  the  word  of  God,  the  only  in- 
fallible rule  of  faith  and  practice  ? 

2.  Do  you  sincerely  receive  and  adopt  the  Confes- 
sion of  Faith  of  this  Church  as  containing  the  sys- 
tem of  doctrine  taught  in  the  Holy  Scriptures? 


120  MANUAL  OF  LAW  AND  USAGE. 

3.  Do  you  promise  to  study  the  peace,  unity,  and 
purity  of  the  Church  ? 

4.  Do  you  promise  to  submit  yourself  in  the  Lord 
to  the  government  of  this  Presbytery,  or  of  any  other 
Presbytery  in  the  bounds  of  which  you  may  be 
called  ? 

(b)  The  candidate  having  answered  in 
the  affirmative  to  each  of  these  ques- 
tions, the  moderator  shall  then  offer 
prayer  suitable  to  the  occasion. 

(c)  Prayer  being  offered,  the  moderator 
should  then  say  to  the  candidate  in  the 
following  words : 

"In  the  name  of  the  Lord  Jesus  Christ  and  by 
that  authority  which  he  hath  given  to  the  Church 
for  its  edification,  we  do  license  you  to  preach  the 
Gospel  wherever  God  in  his  providence  may  call 
you,  and  for  this  purpose  may  the  blessing  of  God 
rest  upon  you,  and  the  spirit  of  Christ  fill  your  heart : 
Amen." 

(d)  A  record  shall  be  made  of  the 
licensure  in  the  following  or  like  form : 

At ,  the day  of ,  the  Presby- 
tery of having  received  testimonials  in  favor 

of of  his  having  gone  through  a  regular  course 

of  literature,  of  his  good  moral  character,  and  of  his 
being  in  the  communion  of  the  Church,  proceeded  to 


LICENSING  CANDIDATES.  121 

take  the  usual  parts  of  trial  for  his  licensure;  and 
he  having  given  satisfaction  as  to  his  accomplish- 
ments in  literature,  as  to  his  experimental  acquaint- 
ance with  religion,  and  to  his  proficiency  in  divinity 
and  other  studies,  the  Presbytery  did  and  hereby  do 
express  their  approbation  of  all  these  parts  of  trial ; 
and  he  having  adopted  the  Confession  of  Faith  of 
this  Church  and  satisfactorily  answered  the  questions 
appointed  to  be  put  to  candidates  to  be  licensed,  the 
Presbytery  did  and  hereby  do  license  him,  the  said 
,  to  preach  the  gospel  of  Christ  as  a  proba- 
tioner for  the  holy  ministry  within  the  bounds  of 
this  Presbytery,  or  wherever  else  he  shall  be  orderly 
called. 

(e)  And  a  form  of  license  shall  be 
prepared  and  authenticated  by  the  signa- 
tures of  the  moderator  and  stated  clerk 
of  the  Presbytery,  to  be  placed  in  the 
possession  of  the  candidate. — F.  G.  ch. 
xiv,  par.  vii,  viii. 

§  249.  When  any  candidate  for  licensure, 
while  his  trials  are  going  on,  shall  have 
occasion  to  remove  from  the  bounds  of  his 
own  Presbytery  into  those  of  another,  it 
shall  be  considered  regular  for  the  latter 
Presbytery,  on  his  producing  proper  testi- 
monials from  the  former,  to  take  up  his 


122  MANUAL  OF  LAW  AND  USAGE. 

trials  at  the  point  at  which  they  were  left, 
and  conduct  them  to  a  conclusion  in  the 
same  manner  as  though  they  had  heen 
commenced  by  themselves. — F.  G.  ch.  xiv, 
par.  ix. 

§  250.  When  any  candidate  after  licen- 
sure shall,  by  the  permission  of  his  Pres- 
bytery, remove  without  its  limits  into  the 
bounds  of  another,  an  extract  of  the  record 
of  his  licensure,  accompanied  with  a  pres- 
byterial  recommendation  signed  by  the 
clerk,  shall  be  his  testimonials  to  the 
Presbytery  under  whose  care  he  shall 
come. — F.  G.  ch.  xiv,  par.  x. 

§  251.  No  candidate  shall  be  licensed 
for  a  longer  term  than  four  years;  but  the 
Presbytery  may  at  the  end  of  such  term,  if 
they  deem  it  expedient  in  the  premises, 
renew  such  license  for  one  year. — M.  G.  A. 
1872,^9.87. 

§  252.  A  licentiate  is  not  a  constituent 
member  of  Presbytery,  and  by  virtue  of  his 


LICENSING  CANDIDATES.  1 23 

license  he  has  no  authority  to  deliberate 
and  vote  in  the  body,  or  to  administer 
the  sacraments,  or  to  perform  the  rite  of 
marriage. 

§  253.  Though  candidates  and  licentiates 
are  in  training  for  the  gospel  ministry,  and 
for  this  purpose  are  placed  under  the  care 
of  Presbyteries  and  are  held  responsible 
to  them,  yet  in  other  respects  they  are  to 
be  regarded  as  belonging  to  the  order  of 
the  laity  till  they  have  received  ordination 
to  the  full  work  of  the  gospel  ministry. — 
M.  G.A.  1829,  p.  263. 

§  254.  When  candidates  for  the  gospel 
ministry  are  discovered  to  be  unfit  to  go  for- 
ward with  their  trials  for  the  sacred  office, 
it  shall  be  the  duty  of  the  Presbytery  to 
arrest  their  progress :  and  if  further  dis- 
cipline be  necessary,  to  remit  them  for  that 
purpose  to  the  Sessions  of  the  churches  to 
which  they  properly  belong. — Ibid. 

§  255.  When  licentiates  are  found  un- 
worthy to  be  permitted  to  preach  the  gos- 


124  MANUAL  OF  LAW  AND  USAGE. 

pel,  it  shall  be  the  duty  of  the  Presby- 
teries to  deprive  them  of  their  license  ;  and 
if  further  discipline  be  necessary,  to  remit 
them  for  that  purpose  to  the  Sessions  of  the 
churches  to  which  they  properly  belong. 
—Ibid. 

§  256.  When  a  church  Session  shall  see 
cause  to  commence  process  against  a  candi- 
date or  licentiate  before  the  Presbytery  has 
arrested  the  trials  of  the  one  or  revoked  the 
license  of  the  other,  the  Session  must  give 
immediate  notice  to  the  moderator  of  the 
Presbytery  that  such  process  has  been  com- 
menced.— Ibid. 

§  257.  When  a  Presbytery  sees  cause  to 
arrest  the  trials  of  a  candidate  or  to  revoke 
the  license  of  a  licentiate,  they  shall  give 
notice  of  their  intention  to  the  Session  to 
which  such  candidate  or  licentiate  is  amen- 
able, that  such  Session  may,  if  requisite, 
proceed  with  the  regular  order  of  discip- 
line.— Ibid. 

§  258.   When   a   candidate    shall   have 


ORDAINING  MINISTERS.  125 

preached  for  a  considerable  time  and  his 
services  do  not  appear  to  be  edifying  to  the 
churches,  the  Presbytery  may,  if  they 
think  proper,  recall  his  license. — F.  G.  ch. 
xiv,  p.  xi. 

§  259.  When  any  licentiate  or  proba- 
tioner, as  he  is  called,  shall  have  proved 
himself  successful  in  the  ministry  of  the 
Word  and  satisfactory  to  the  people  among 
whom  he  has  been  preaching,  the  Presby- 
tery to  which  the  duty  belongs  may  pro- 
ceed to  ordain  him  to  the  full  office  of  the 
gospel  ministry,  either  as  an  evangelist  or 
a  missionary — that  is,  sine  titulo,  as  it  is 
termed. — F.  G.  ch.  xvi,  par.  xv. 

§  260.  In  this  case  the  following  order 
is  to  be  observed : 

(a)  The  Presbytery,  and  especially  if 
it  be  a  different  body  from  that  which 
gave  the  license,  shall  carefully  examine 
the  candidate  for  ordination  as  to  his 
acquaintance  with  experimental  religion, 
his  knowledge  of  philosophy,  theology, 


126  MANUAL  OF  LAW  AND  USAGE. 

ecclesiastical  history,  the  Greek  and  He- 
brew languages,  and  such  other  branches 
of  learning  as  to  the  Presbytery  may 
appear  requisite;  and  as  to  his  knowl- 
edge of  the  constitution,  the  rules  and 
principles  of  the  government  and  dis- 
cipline of  the  Church ;  and  they  shall 
require  of  the  candidate  such  written 
discourse  or  discourses,  founded  on  the 
Word  of  God,  as  the  Presbytery  may 
deem  proper. 

(b)  The  Presbytery,  being  fully  satis- 
fied with  the  qualifications  of  the  candi- 
date, shall  appoint  a  day  and  place  for 
his  ordination.  When,  the  Presbytery 
being  convened,  one  of  its  members,  pre- 
viously appointed  for  the  purpose,  shall 
preach  a  discourse  suitable  to  the  occa- 
sion. 

(c)  The  member  of  the  Presbytery  ap- 
pointed to  preside  shall  recite  from  the 
pulpit,  in  the  hearing  of  those  present, 
the  proceedings  of  the  Presbytery  pre- 
paratory to  this  transaction,  shall  point 
out  the  nature  and   importance  of  the 


ORDAINING  MINISTERS.  127 

ordinance,    endeavoring    to    impress   a 
proper  sense  of  its  solemnity. 

(d)  Then,  addressing  the  candidate, 
he  shall  propose  to  him  the  following 
questions: 

1.  Do  you  believe  the  Scriptures  of  the  Old  and 
New  Testaments  to  be  the  word  of  God,  the  only 
infallible  rule  of  faith  and  practice? 

2.  Do  you  sincerely  receive  and  adopt  the  Confes- 
sion of  Faith  of  this  Church  as  containing  the  system 
of  doctrine  taught  in  the  Holy  Scriptures? 

3.  Do  you  approve  of  the  government  and  discip- 
line of  the  Presbyterian  Church  in  these  United 
States? 

4.  Do  you  promise  subjection  to  your  brethren  in 
the  Lord? 

5.  Have  you  been  induced,  as  far  as  you  know 
your  own  heart,  to  seek  the  office  of  the  holy  minis- 
try from  love  to  God  and  a  sincere  desire  to  promote 
his  glory  in  the  gospel  of  his  Son  ? 

6.  Do  you  promise  to  be  zealous  and  faithful  in 
maintaining  the  truths  of  the  gospel  and  the  purity 
and  peace  of  the  Church,  whatever  persecution  or 
opposition  may  arise  unto  you  on  that  account? 

7.  Do  you  engage  to  be  faithful  and  diligent  in  the 
exercise  of  all  private  and  personal  duties,  which 
become  you  as  a  Christian  and  a  minister  of  the  gos- 
pel, as  well  as  in  all  relative  duties  and  the  public 
duties  of  your  office,  endeavoring  to  adorn  the  pro- 
fession of  the  gospel  by  your  conversation  and  walk- 


128  MANUAL  OF  LAW  AND  USAGE. 

ing  with  exemplary  piety  before  the  flock  over  which 
God  shall  make  you  overseer? 

8.  Are  you  now  willing  to  undertake  the  work  of 
an  evangelist,  (or  whatever  the  proper  designation 
may  be,)  and  do  you  promise  to  discharge  the  duties 
which  may  be  incumbent  on  you  in  this  character, 
as  God  shall  give  you  strength? 

(e)  The  candidate  having  answered  in 
the  affirmative  to  each  of  these  questions, 
he  shall  kneel  down  in  a  convenient  place, 
and  the  presiding  minister  shall,  by  pray- 
er and  the  laying  on  of  the  hands  of  the 
Presbytery,  solemnly  ordain  him  to  the 
holy  office  of  the  gospel  ministry. 

(/)  Prayer  being  ended,  the  candidate 
shall  rise  from  his  knees,  and  the  presid- 
ing minister  shall  first,  and  afterwards 
the  members  of  the  Presbytery  in  their 
order,  take  him  by  the  right  hand,  say- 
ing in  words  to  this  purpose — 

We  give  you  the  right  hand  of  fellowship  to  take 
part  of  this  ministry  with  us. 

(g)  Then  the  presiding  minister,  or 
some  other  appointed  for  this  purpose, 
shall  give  to  the  newly-ordained  minis- 
ter a  solemn  charge,  recommending  him 


ORDAINING  MINISTERS.  129 

to  persevere  in  the  faithful  discharge  of 
his  solemn  duties. 

(h)  Prayer  shall  then  be  offered,  a 
hymn  sung,  and  the  assembly  dismissed 
with  the  usual  blessing  by  the  newly- 
ordained  minister. 

(i)  The  Presbytery  shall  make  due 
record  of  the  transaction,  and  enroll  the 
name  of  the  new  member. — F.  G.  ch.  xv, 
par.  xi,  xii. 

§  261.  The  minister  then  so  ordained 
shall  be  a  constituent  member  of  the  Pres- 
bytery, with  all  the  rights  and  duties  there- 
to pertaining,  and  shall  thereafter  be  held 
in  all  respects  amenable  only  to  the  court 
of  which  he  may  be  a  member  ;  and  he  shall 
enter  on  such  field  of  labor  as  may  be  indi- 
cated in  the  Providence  of  God,  with  the 
full  authority  of  a  minister  of  the  gospel, 
to  preach,  to  administer  the  sacraments,  to 
perform  the  rite  of  marriage,  and  to  do  all 
other  acts  and  things  which  properly  be- 
long to  the  sacred  office. 


130  MANUAL  OF  LAW  AND  USAGE. 


CHAPTER  XIII. 

ELECTION  AND  CALL  OF  PASTORS  OR  BISHOPS. 

§  262.  The  title  of  pastor  or  bishop  is 
given  to  a  preacher  of  the  gospel  when  he 
has  been  regularly  and  formally  placed  by 
a  Presbytery  in  charge  over  a  particular 
church  or  congregation. 

§  263.  When  any  particular  church  or 
congregation  shall  be  satisfied  of  the  ac- 
ceptableness  of  a  licentiate,  or  probationer, 
or  a  fully-ordained  minister,  and  appear  to 
be  prepared  to  select  and  call  him  to  be 
their  pastor  or  bishop,  the  Session  of  such 
church  shall  take  measures  to  convene  them 
for  this  purpose. — F.  G.  ch.  xv,  par.  i. 

§  264.  And  it  shall  always  be  the  duty 
of  the  Session  to  convene  the  church  or  con- 
gregation when  a  majority  of  those  entitled 
to  vote  in  the  selection  of  a  pastor  shall  by 
a  petition  request  that  such  meeting  be 
called. — Ibid. 


ELECTION  AND  CALL  OF  PASTORS.         131 

§  265.  When  such  meeting  is  intended, 
the  Session  shall  request  some  neighboring 
minister  to  preside  over  the  proceedings  of 
the  congregation,  unless  this  should  be 
highly  inconvenient;  in  which  case  they 
may  proceed  without  such  assistance,  a 
member  of  the  Session  in  that  case  presid- 
ing.— F.  G.  ch.  xv,  par.  ii. 

§  266.  On  a  Lord's  day,  at  the  time  of 
public  worship,  it  shall  be  announced  from 
the  pulpit  that  all  the  members  of  that 

congregation  are  requested  to  meet 

ensuing,  at  the  church  or  place  for  hold- 
ing public  worship,  then  and  there,  if  it  be 
agreeable  to  them,  to  proceed  to  the  elec- 
tion of  a  pastor  for  that  congregation. — F. 
G.  ch.  xv,  par.  Hi. 

§  267.  On  the  day  appointed,  the  con- 
gregation being  assembled,  the  minister 
invited  to  preside,  if  he  be  present  and  it 
be  deemed  expedient,  may  preach  a  ser- 
mon. But  this  may  be  omitted,  and  in 
such  case  the  minister,  or  in  his  absence 


132  MANUAL  OF  LAW  AND  USAGE. 

the  elder  designated  to  preside,  shall  an- 
nounce to  the  people  that  he  will  proceed 
to  take  the  sense  of  the  electors  present, 
whether  they  will  then  proceed  to  the  elec- 
tion of  a  pastor.  This  having  been  deter- 
mined in  the  affirmative  by  a  majority  of 
voices,  nominations  for  a  pastor  may  be 
made,  and  the  presiding  officer  shall  then 
proceed  to  take  votes  accordingly.  In  this 
election  no  person  shall  be  entitled  to  vote 
who  refuses  to  submit  to  the  censures  of  the 
church,  regularly  administered;  or  who 
does  not  contribute  his  just  proportion, 
according  to  his  own  engagements,  or  the 
rules  of  that  congregation,  to  all  its  nec- 
essary expenses. — F.  G.  ch.  xv,par.  iv. 

§  268.  The  votes  being  taken  and  the 
result  announced,  if  it  appear  that  a  large 
minority  are  opposed  to  the  candidate  who 
has  a  majority  of  votes  and  cannot  be  in- 
duced to  concur  in  the  call,  the  person 
presiding  shall  endeavor  to  dissuade  the 
congregation  from  the  further  prosecution 
of  the  matter — F.  G.  chap.  xv7  par.  v. 


ELECTION  AND  CALL  OF  PASTORS.         133 

§  2G9.  But  if  the  people  be  nearly  or 
entirety  unanimous,  or  if  the  majority  in- 
sist upon  their  right  to  have  the  matter 
prosecuted,  the  person  presiding,  after  urg- 
ing the  congregation  to  unanimity,  shall 
proceed  to  draw  a  call  in  due  form,  certify- 
ing at  the  same  time  in  writing  the  num- 
ber and  circumstances  of  those  who  do  not 
concur  in  the  call — Ibid. 

§  270.  The  call  shall  be  in  the  following 
or  like  form : 

,     The  congregation  of ,  being  on  sufficient  grounds 

well  satisfied  of  the  ministerial  qualifications  of  you, 
,  and  having  good  hopes  from  our  past  experi- 
ence of  your  labors  that  your  ministrations  in  the  gos- 
pel will  be  profitable  to  our  spiritual  interests,  do 
earnestly  call  and  desire  you  to  undertake  the  pastoral 
office  of  this  congregation,  promising  you  in  the  dis- 
charge of  your  duty  all  proper  support,  encouragement, 
and  obedience  in  the  Lord.  And  that  you  may  be  free 
from  worldly  cares  and  avocations,  we  hereby  promise 

and  oblige  ourselves  to  pay  to  you  the  sum  of , 

in payments,  during  the  time  of  your  being  and 

continuing  the  regular  pastor  of  this  church. 

In  testimony  whereof  we  have  respectively  subscribed 
our  names  this day  of ,  A.  D.  — . 

Attested  by  B.  D.,  moderator  of  the  meeting. 

— G.  F.  chap,  xv j  par.  vi. 


134  MANUAL  OP  LAW  AND  USAGE. 

§  271.  The  call  may  be  subscribed  by  all 
the  electors  concurring  in  it,  or  if  any  con- 
gregation shall  choose  to  subscribe  their 
call  by  their  elders  or  deacons,  or  by  their 
trustees,  or  by  a  select  committee,  they 
shall  be  at  liberty  to  do  so.  But  in  such 
case  it  shall  be  certified  by  the  person  pre- 
siding that  such  persons  have  been  ap- 
pointed for  that  purpose  by  a  public  vote 
of  the  congregation,  and  that  the  call  has 
been  in  all  other  respects  prepared  as  above 
directed. — F.  G.  ch.  xv,par.  vii. 

§  272.  A  full  and  accurate  record,  thus 
attested,  together  with  the  call,  shall  then 
be  laid  before  the  Presbytery  to  which  the 
person  chosen  belongs,  and  the  Presbytery, 
if  they  deem  it  expedient,  may  present  the 
call  to  him ;  and  no  person  shall  receive 
such  a  call  but  through  the  hands  of  his 
Presbytery. — F.  G.  cli.  xv,par.  ix. 

§  273.  If  the  call  be  to  a  person  connect- 
ed with  another  Presbytery  than  that  to 
which  the  church  so  calling  him  belongs, 


ELECTION  AND  CALL  OF  PASTORS.         lob 

the  church  so  calling  must  produce  to  that 
judicatory  a  certificate  from  its  own  Pres- 
bytery, regularly  attested  by  the  modera- 
tor and  stated  clerk,  that  the  call  has  been 
laid  before  them  and  found  to  be  in  or- 
der.— F.  G.  ch.  xv,  par.  x. 

§  274.  The  call,  with  the  certificate,  as 
above  provided,  being  duly  laid  before  the 
Presbytery  to  which  the  person  so  called 
belongs,  his  Presbytery  shall  present  it  to 
him,  and,  if  he  accept  it,  they  shall  then 
dismiss  him  from  their  jurisdiction,  and 
require  him  to  repair  to  that  Presbytery 
within  whose  bounds  he  is  called. — Ibid. 

§  275.  If  the  person  called  be  a  licen- 
tiate so  dismissed  to  the  Presbytery  with 
which  the  church  calling  him  is  connected, 
he  shall  *be  received  by  such  Presbytery 
and  submit  himself  to  the  trials  prescribed 
for  ordination,  and  if  the  way  be  clear,  he 
shall  be  ordained,  as  provided  in  Chapter 
XII,  §  260,  261. 

§  276.  When  so  ordained   he  shall  be 


136  MANUAL  OF  LAW  AND  USAGE. 

regularly  installed  as  pastor  of  the  church 
calling  him,  as  prescribed  in  Chapter  XIV, 
§281. 

§  277.  When  a  regularly-ordained  min- 
ister, being  so  called,  shall  be  dismissed  as 
above  provided,  he  shall  be  received  as  a 
member  of  the  Presbytery  with  which  the 
church  calling  him  is  connected,  and  that 
Presbytery  shall  proceed  to  install  him  in 
the  manner  provided  in  Chapter  XIV, 
§281. 


137 


CHAPTER  XIV. 

TRANSLATION  OR  REMOVING  A  MINISTER  FROM 
ONE  CHARGE  TO  ANOTHER,  MANNER  OF  IN- 
STALLATION, AND  RESIGNATION  OF  PASTORAL 
CHARGE. 

§  278.  No  bishop  shall  be  translated 
from  one  church  to  another,  nor  shall  he 
receive  any  call  for  that  purpose,  but  by 
the  permission  of  the  Presbytery. — F.  G. 
ch.  xvi,  par.  i. 

§  279.  Any  church  desiring  to  call  a 
settled  minister  from  his  present  charge 
shall,  by  commissioners  properly  author- 
ized, represent  to  the  Presbytery  the 
ground  on  which  they  plead  his  removal. 
The  Presbytery,  having  maturely  consid- 
ered their  plea,  may,  according  as  it  appears 
more  or  less  reasonable,  either  recommend 
them  to  desist  from  prosecuting  the  call,  or 
may  order  it  to  be  delivered  to  the  minis- 
ter to  whom  it  is  directed.  If  the  parties 
be  not  prepared  to  have  the  matter  issued 
at  that  Presbytery,  a  written  citation  shall 


138  MANUAL  OF  LAW  AND  USAGE. 

be  given  to  the  minister  and  his  congrega- 
tion to  appear  before  the  Presbytery  at 
their  next  meeting.  This  citation  shall  be 
read  from  the  pulpit  of  that  church,  by  a 
member  of  the  Presbytery  appointed  for 
that  purpose,  immediately  after  public 
worship,  so  that  at  least  two  Sabbaths 
shall  intervene  betwixt  the  citation  and 
the  meeting  of  the  Presbytery  at  which 
the  cause  of  translation  is  to  be  considered. 
The  Presbytery  being  met,  and  having 
heard  the  parties,  shall,  upon  the  whole 
view  of  the  case,  either  continue  him,  as 
they  shall  deem  to  be  most  for  the  peace 
and  edification  of  the  church,  or  refer  the 
whole  affair  to  the  Synod  at  the  next  meet- 
ing for  their  advice  and  direction. — F.  G. 
ch.  ami,  par.  ii. 

§  280.  When  the  congregation  calling 
any  settled  minister  is  within  the  limits 
of  another  Presbytery,  that  congregation 
shall  obtain  leave  from  the  Presbytery  to 
which  they  belong  to  apply  to  the  Pres- 
bytery of  which  he  is  a  member ;  and  that 


INSTALLATION  OF  MINISTERS,  &C.         139 

Presbytery,  having  cited  him  and  his  con- 
gregation as  before  directed,  shall  proceed 
to  hear  and  issue  the  cause.  If  they  agree 
to  the  translation,  they  shall  release  him 
from  his  present  charge ;  and  having  given 
him  proper  testimonials,  shall  require  him 
to  repair  to  that  Presbytery  within  the 
bounds  of  which  the  congregation  calling 
him  lies,  that  the  proper  steps  may  be 
taken  for  his  regular  settlement  in  that 
congregation ;  and  the  Presbytery  to  which 
the  congregation  belongs,  having  received 
an  authenticated  certificate  of  his  release 
under  the  hand  of  the  clerk  of  that  Pres- 
bytery, shall  proceed  to  install  him  in  the 
congregation  as  soon  as  convenient :  Pro- 
vided always,  that  no  bishop  or  pastor 
shall  be  translated  without  his  own  con- 
sent, previously  obtained. — F.  G.  ch.  xvi, 
par.  Hi. 

§  281.  When  any  minister  is  to  be  set- 
tled in  a  congregation,  the  installment — 
which  consists  in  constituting  a  pastoral 
relation  between  him  and  the  people  of 


140  MANUAL  OF  LAW  AND  USAGE. 

*  that  particular  church — may  be  performed 
either  by  the  Presbytery  or  a  committee 
appointed  for  that  purpose,  as  may  appear 
most  expedient;  and  the  following  order 
shall  be  observed  therein : 

(a)  A  day  shall  be  appointed  for  the 
installment,  at  such  time  as  may  appear 
most  convenient,  and  due  notice  thereof 
given  to  the  congregation. 

(6)  When  the  Presbytery  or  commit- 
tee shall  be  convened  and  constituted 
on  the  day  appointed,  a  sermon  shall  be 
delivered  by  some  one  of  the  members 
previously  appointed  thereto;  immedi- 
ately after  which  the  bishop  who  is  to 
preside  shall  state  to  the  congregation 
the  design  of  their  meeting,  and  briefly 
recite  the  proceedings  of  the  Presbytery 
relative  thereto.  And  then,  addressing 
himself  to  the  minister  to  be  installed, 
shall  propose  to  him  the  following  or 
similar  questions: 

1.  Are  you  now  willing  to  take  charge  of  this 
congregation,  as  their  pastor,  agreeably  to  your  dec- 
laration at  accepting  their  call? 


INSTALLATION  OF  MINISTERS,  &0.        141 

2.  Do  you  conscientiously  believe  and  declare,  as 
far  as  you  know  your  own  heart,  that  in  taking  upon 
you  this  charge  you  are  influenced  by  a  sincere  de- 
sire to  promote  the  glory  of  God  and  the  good  of  His 
Church? 

3.  Do  you  solemnly  promise  that,  by  the  assist- 
ance of  the  grace  of  God,  you  will  endeavor  faithfully 
to  discharge  all  the  duties  of  a  pastor  to  this  congre- 
gation, and  will  b.e  careful  to  maintain  a  deportment 
in  all  respects  becoming  a  minister  of  the  gospel  of 
Christ,  agreeably  to  your  ordination  engagements  ? 

(c)  To  all  these  having  received  satis- 
factory answers,  he  shall  propose  to  the 
people  the  following  questions : 

1.  Do  you,  the  people  of  this  congregation,  con- 
tinue to  profess  your  readiness  to  receive  , 

whom  you  have  called  to  be  your  minister? 

2.  Do  you  promise  to  receive  the  word  of  truth 
from  his  mouth  with  meekness  and  love,  and  to  sub- 
mit to  him  in  the  due  exercise  of  discipline? 

3.  Do  you  promise  to  encourage  him  in  his  ardu- 
ous labor,  and  to  assist  his  endeavors  for  your  in- 
struction and  spiritual  edification? 

4.  And  do  you  engage  to  continue  to  him,  while 
he  is  your  pastor,  that  competent  worldly  mainte- 
nance which  you  have  promised,  and  whatever  else 
you  may  see  needful  for  the  honor  of  religion  and 
his  comfort  among  you? 

The  people  having  answered  these  ques- 


142  MANUAL  OF  LAW  AND  USAGE. 

tions  satisfactorily,  by  holding  up  their 
right  hand  in  testimony  of  assent,  he  shall 
solemnly  pronounce  and  declare  the  said 
minister  to  be  regularly  constituted  the 
pastor  of  that  congregation. 

(d)  A  charge  shall  then  be  given  by 
a  minister  to  the  new  pastor,  and  also  a 
charge  to  the  people ;  and,  after  prayer 
and  singing  a  psalm  adapted  to  the  trans- 
action, the  congregation  shall  be  dis- 
missed with  the  usual  benediction. 

(e)  It  is  highly  becoming  that,  after 
the  solemnity  of  the  installment,  the 
heads  of  the  families  of  that  congrega- 
tion who  are  then  present,  or  at  least 
the  elders  and  those  appointed  to  take 
care  of  the  temporal  concerns  of  that 
church,  should  come  forward  to  their 
pastor,  and  give  him  their  right  hand, 
in  token  of  cordial  reception  and  affec- 
tionate regard. — F.  G.  ch.  xvi,  par.  iv- 
vii. 

Resignation  of  Pastoral  Charge. 
§  282.  When  any  minister  shall  labor 


RESIGNATION  OF  PASTORS.  143 

under  such  grievances  in  his  congregation 
as  that  he  shall  desire  leave  to  resign  his 
pastoral  charge,  the  Presbytery  shall  cite 
the  congregation  to  appear  by  their  com- 
missioners at  their  next  meeting,  to  show 
cause,  if  any  they  have,  why  the  Presby- 
tery should  not  accept  the  resignation.  If 
the  congregation  fail  to  appear,  or  if  their 
reasons  for  retaining  their  pastor  be  deem- 
ed by  the  Presbytery  insufficient,  he  shall 
have  leave  granted  to  resign  his  pastoral 
charge,  of  which  due  record  shall  be  made ; 
and  that  church  shall  be  held  to  be  vacant, 
till  supplied  again  in  an  orderly  manner 
with  another  minister;  and  if  any  congre- 
gation shall  desire  to  be  released  from  their 
pastor,  a  similar  process,  mutatis  mutandis, 
shall  be  observed. — F.  G.  ch.  xvii. 


144  MANUAL  OF  LAW  AND  USAGE. 

CHAPTEB  XV. 

VACANT  CONGREGATIONS  AND  MISSIONS. 

§  283.  When  vacancies  become  so  nume- 
rous in  any  Presbytery  that  they  cannot 
be  supplied  with  the  frequent  administra- 
tion of  the  Word  and  ordinances,  it  shall 
be  proper  for  such  Presbytery,  or  any  va- 
cant congregation  within  their  bounds, 
with  the  leave  of  the  Presbytery,  to  apply 
to  any  other  Presbytery,  or  to  any  Synod, 
or  to  the  General  Assembly,  for  such  assist- 
ance as  they  can  afford. 

§  284.  And  when  any  Presbytery  shall 
send  any  of  their  ministers  or  probationers 
to  distant  vacancies,  the  missionary  shall 
be  ready  to  produce  his  credentials  to  the 
Presbytery  or  Presbyteries  through  the 
bounds  of  which  he  may  pass,  or  at  least 
to  a  committee  thereof,  and  obtain  their 
approbation. 


VACANT  CONGREGATIONS,  &C.  145 

§  285.  And  the  General  Assembly  mayr 
of  their  own  knowledge,  send  missionaries; 
to  any  part  to  plant  churches  or  to  supply 
vacancies ;  and  for  this  purpose  may  direct 
any  Presbytery  to  ordain  evangelists  or 
ministers,  without  relation  to  particular 
churches:  Provided  always,  that  suck 
missions  be  made  with  the  consent  of  the 
parties  appointed,  and  that  the  judicatory 
sending  them  make  the  necessary  provision 
for  their  support  and  reward  in  the  per- 
formance of  this  service. 

§  286.  The  general  mission  work  of  the 
Church  is  now  committed  to  the  Board  of 
Home  Missions,  by  whom  missionaries  are 
appointed  and  supported. 
10 


146  MANUAL  OF  LAW  AND  USAGE. 


CHAPTER  XVI. 

QUORUM  FOR  JUDICIAL  PURPOSES. 

§  287.  Is  a  judicatory  competent  to  act 
when  a  party  or  parties  at  the  bar  are  nec- 
essarily included  in  the  quorum?  We  an- 
swer in  the  affirmative. — Baird. 

§  288.  No  more  important  or  responsible 
duty  devolves  ou  any  judicatory  than  that 
of  review,  in  which  it  sits  in  judgment  for 
trial,  not  of  individuals  but  of  church 
courts,  and  in  the  course  of  which  the 
members  of  the  inferior  court  are  present, 
not  as  members  entitled  to  vote,  but  as  re- 
spondents at  the  bar. — Ibid. 

§  289.  Yet  it  will  not  be  disputed  that  a 
bare  quorum  is  competent  to  take  up  and 
perform  this  stated  and  imperative  duty. 
By  this  ordinary  case  it  is  practically  de- 
cided that  members  wh<5  are  at  the  bar  of 
the  house,  and  so  precluded  from  a  vote  on 


QUORUM  FOR  JUDICIAL  PURPOSES.        14 T 

the  business  in  hand,  are  yet  present  in  the 
sense  of  the  constitution  as  part  of  the 
quorum. — Ibid. 

§  290.  By  definition  of  the  constitution, 
by  a  continual  series  of  precedents,  and  by 
universal  consent,  it  is  perfectly  competent 
to  erect  courts  whose  rolls  shall  contain  a 
number  barely  sufficient  to  form  a  quorum : 
Sessions  having  but  one  or  two  elders,  Pres- 
byteries having  but  three  ministers,  and 
Synods  including  but  three  Presbyteries. 
— Ibid. 

§  291.  If  these  are  really  constitutional 
courts,  they,  as  such,  possess  all  the  powers 
comprehended  under  their  several  defini- 
tions in  the  Constitution,  including  all  the 
judicial  powers  pertaining  to  any  other 
court  of  their  own  grade  severally  ;  compe- 
tence, therefore,  to  exercise  the  functions 
of  review  and  control  over  their  constituent 
elements,  of  entertaining  and  deciding  ap- 
peals and  complaints,  and  of  instituting 
and  carrying  through  process  in  requisite 


148  MANUAL  OF  LAW  AND  USAGE. 

cases.  la  each  of  these  instances,  however, 
the  process  will  ordinarily  involve  the  de- 
cision of  the  matters  at  issue  by  a  number 
fewer  than  a  quorum :  one  or  more  of  the 
members  being  in  the  attitude  of  respond- 
ents at  the  bar. — Ibid. 

§  292.  There  seems  to  be  good  reason  to 
suppose  that  in  this  view  is  found  the  rea- 
son of  the  particular  number  three  being 
fallen  upon  as  a  quorum  of  bishops  or  min- 
isters. Should  one  be  subjected  to  charges 
requiring  process,  there  remains  a  plurality 
of  persons  of  the  same  order  to  sit  upon  the 
trial. — Ibid. 

§  293.  This  suggests  that  the  principle 
laid  down  at  the  head  of  this  chapter  is  to 
be  received  with  this  proviso,  that  in  the 
cases  supposed  there  must  be  a  plurality  of 
members  of  the  same  order  of  the  respond- 
ent present  and  sitting  on  the  case. — Ibid, 

§  294.  There  must  be  a  vote  of  at  least 
two  elders  to  inflict  any  censure  upon  a 
ruling  elder ;  at  least  two  ministers  must 


QUORUM  FOR  JUDICIAL  PURPOSES.        149 

sit  in  judgment  of  a  process  against  a  min- 
ister ;  and  members  of  at  least  two  Presby- 
teries are  requisite  to  sit  upon  a  case  involv- 
ing a  Presbytery. — Ibid. 

§  295.  A  Synod  containing  but  three 
Presbyteries  could  not,  therefore,  issue  a 
case  in  which  one  of  the  Presbyteries  ap- 
peared as  prosecutor  and  another  as  re- 
spondent. In  other  words,  all  decisions 
must  be  rendered  by  the  concurrent  votes 
of  a  plurality  by  the  action  of  an  assembly. 
—Ibid. 

Note. — The  above  chapter  is  from  Baird's  Digest, 
and  contains  a  clear  statement  of  the  reasoning  which 
geems  most  natural  upon  the  subject. 


150  MANUAL  OF  LAW  AND  USAGE. 


CHAPTER  XVII. 

JUDICIAL  CASES — PRELIMINARY  CONSIDERATIONS 
AND  MEASURES. 

§  296.  All  church  members,  including 
elders  and  deacons,  when  accused  of  offence 
or  crime,  must  first  be  tried  by  the  church 
Session  to  which  they  belong. 

§  297.  But  there  are  exceptional  cases, 
where  an  elder  could  not  be  tried  by  his 
Session:  for  example,  the  want  of  a  plu- 
rality of  his  order  in  the  Session  to  try  him ; 
as  there  must  be  a  vote  of  at  least  two  eld- 
ers to  inflict  any  censure  upon  a  ruling 
elder. 

§  298.  In  all  cases  where  the  Session, 
for  any  reasons,  are  incompetent  to  try  an 
elder,  the  Presbytery  is  the  competent 
court  to  try  him.—  M.  G.  A.  1825,/?.  142, 
144. 

§  299.  No  church  member  can  be  judi- 


JUDICIAL  CASES.  151 

4 

cially  tried  on  any  matter  of  accusation  or 
offence  which  cannot  be  proved  to  be  such 
from  Scripture,  or  from  the  regulations 
and  practice  of  the  Church  founded  on 
Scripture,  or  which  does  not  involve  those 
evils  which  discipline  is  intended  to  pre- 
vent.— B.  D.  ch.  i,  par.  Hi,  iv. 

§  300.  Offences  are  either  private .  or 
public,  to  each  class  of  which  appropriate 
modes  of  proceeding  belong. — B.  D.  ch.  i, 
par.  vii. 

§  301.  In  case  of  private  offences,  no  ju- 
dicial process  ought  to  be  prosecuted  be- 
fore the  judicatory  until  steps  are  taken 
to  reclaim  the  offender. — B.  D.  ch.  ii, 
par.  ii. 

§  302.  No  complaint  or  information,  on 
the  subject  of  personal  or  private  injuries, 
shall  be  admitted,  unless  those  means  of 
reconciliation  and  of  privately  reclaiming 
the  offender  have  been  used  which  are  re- 
quired by  Christ,  Mat.  xviii:  15,  16. — B. 
D.  ch.  u,  par.  Hi. 


152  MANUAL  OF  LAW  AND  USAGE. 

§  303.  Those  who  bring  information  of 
private  and  personal  injuries  before  judi- 
catories, without  having  taken  these  pre- 
vious steps,  shall  themselves  be  censured 
as  guilty  of  an  offence  against  the  peace 
and  order  of  the  Church. — B.  D.  ch.  ii, 
'par.  iv. 

§  304.  If  any  person  shall  spread  the 
knowledge  of  an  offence,  unless  so  far  as 
shall  be  unavoidable,  in  prosecuting  it  be- 
fore the  proper  judicatory,  or  in  the  due 
performance  of  some  other  indispensable 
duty,  he  shall  be  liable  to  censure,  as  a 
slanderer  of  his  brethren. — B.  D.  ch.  ii, 
par.  v. 

§  305.  In  case  of  a  public  offence,  the 
proper  court  may  take  immediate  judicial 
cognizance  of  the  case,  without  compliance 
with  the  preliminary  steps  required  in  a 
case  of  private  offence. — B.  D.  ch.  Hi,  par. 
iv. 

§  306.  The  judicatory,  in  many  cases, 


JUDICIAL  CASES.  153 

may  find  it  more  for  edification  to  send 
some  members  to  converse  in  a  private 
manner  with  the  accused  person,  and  if 
he  confess  guilt,  to  endeavor  to  bring  him 
to  repentance,  than  to  proceed  immediately 
to  citation. — B.  D.  ch.  iv,par.  ix. 

§  307.  Process,  in  case  of  scandal,  shall 
commence  within  the  space  of  one  year 
after  the  crime  shall  have  been  committed, 
unless  it  shall  have  recently  become  fla- 
grant. It  may  happen,  however,  that  a 
church  member,  after  removing  to  a  place 
far  distant  from  his  former  residence,  and 
where  his  connection  with  the  Church  is 
unknown,  may-  commit  a  crime,  on  ac- 
count of  which  process  cannot  be  instituted 
within  the  time  above  specified.  In  all 
such  cases  the  recent  discovery  of  the 
church  membership  of  the  individual 
shall  be  considered  as  equivalent  to  the 
crime  itself  having  recently  become  fla- 
grant. The  same  principle  also  applies  to 
ministers  if  similar  circumstances  should 
occur. — B.  D.  ch.  xi,  par.  v. 


154  MANUAL  OF  LAW  AND  USAGE. 

§  308.  An  actual  process-  in  a  judicial 
case  may  be  initiated  either  by  the  judica- 
tory itself,  or  by  an  individual  or  individ- 
uals, or  upon  common  fame. — B.  I),  oh.  iv, 
par.  ii. 

§  309.  When  an  individual  or  individ- 
uals institute  a  case,  he  or  they  must  ap- 
pear as  accusers,  and  undertake  to  substan- 
tiate the  charge  ;  and  the  process  must  be 
pursued  in  the  name  of  the  accuser  or  ac- 
cusers.—  B.  D.  ch.  iv,  par.  in. 

310.  When  a  case  is  taken  up  on  com- 
mon fame,  common  fame  is  the  accuser. 
If  it  should  be  found  that  the  general  ru- 
mor was  raised  by  the  rashness,  censorious- 
ness,  or  malice  of  one  or  more  individuals, 
the  court  should  censure  the  originators 
in  proportion  to  the  degree  of  criminality 
which  appears  attached  to  their  conduct. — 
Ibid. 

§  311.  In  order  to  render  an  offence 
proper  for  the  cognizance  of  a  judicatory 


JUDICIAL  CASES.  155 

on  this  ground,  the  rumor  must  specify 
some  particular  sin  or  sins;  it  must  be 
general,  or  widely  spread ;  it  must  not  be 
transient,  but  permanent,  and  rather  gain- 
ing strength  than  declining ;  and  it  must 
be  accompanied  with  strong  presumption 
of  truth.  Taking  up  charges  on  this 
ground  of  course  requires  great  caution 
and  the  exercise  of  much  christian  pru- 
dence.— B.  D.  ch.  in,  par.  v. 

§  312.  It  may  happen,  however,  that  in 
consequence  of  a  report,  which  does  not 
fully  amount  to  a  general  rumor,  as  just 
described,  a  slandered  individual  may  re- 
quest a  judicial  investigation,  which  it 
may  be  the  duty  of  the  judicatory  to  insti- 
tute.— B.  D.  ch.  in,  par.  vi. 

§  313.  Great  caution  ought  to  be  exer- 
cised in  receiving  accusations  from  any 
person  who  is  known  to  indulge  a  malig- 
nant spirit  tdwards  the  accused ;  who  is 
not  of  good  character;  who  is  himself 
under  censure  or  process ;  who  is  deeply 


156  MANUAL  OF  LAW  AND  USAGE. 

interested,  in  any  respect,  in  the  convic- 
tion of  the  accused  ;  or  who  is  known  to 
be  litigious,  rash,  or  highly  imprudent. — 
B.  D.  ch.  iv9  par.  iv. 

§  314.  When  a  judicatory  enters  on  the 
consideration  of  a  crime  or  crimes  alleged, 
no  more  shall  be  done  at  the  first  meeting, 
unless  by  consent  of  parties,  than  to  give 
the  accused  a  copy  of  each  charge,  with  the 
names  of  the  witnesses  to  support,  and  to 
cite  all  concerned  to  appear  at  the  next 
meeting  of  the  judicatory  to  have  the  mat- 
ter fully  heard  and  decided.  Notice  shall 
be  given  to  the  parties  concerned  at  least 
ten  days  previously  to  the  meeting  of  the 
judicatory. — B.  D.  ch.  iv,  par.  v. 

§  315.  The  citation  shall  be  issued  and 
signed  by  the  moderator  or  clerk,  by  order 
and  in  the  name  of  the  judicatory.  He 
shall  also  furnish  citations  for  such  wit- 
nesses as  the  accused  shall  nominate  to 
appear  on  his  behalf. —  B.  B.  ch.  iv,  par. 
vi. 


JUDICIAL  CASES.  157 

§  316.  Although  it  is  required  that  the 
accused  be  informed  of  the  names  of  all  the 
witnesses  who  are  to  be  adduced  against 
him  at  least  ten  days  before  the  trial,  un- 
less he  consent  to  waive  the  right  and  pro- 
ceed immediately,  it  is  not  necessary  that 
he,  on  his  part,  give  a  similar  notice  to  the 
judicatory  of  all  the  witnesses  intended  to 
be  adduced  by  him  for  his  exculpation. — 
B.  D.  ch.  iv,  par.  vii. 

§  317.  In  exhibiting  charges,  the  times, 
places,  and  circumstances  should,  if  pos- 
sible, be  ascertained  and  stated,  that  the 
accused  may  have  an  opportunity  to  prove 
an  alibi,  or  to  extenuate  or  alleviate  his 
offence. — B.  D.  ch.  iv,  par.  viii. 

§  318.  When  an  accused  person  or  a 
witness  refuses  to  obey  the  citation,  he 
shall  be  cited  a  second  time,  and  if  he  still 
continue  to  refuse,  he  shall  be  excluded 
from  the  communion  of  the  Church  for  his 
contumacy  until  he  repent. — B.  D.  ch.  iv, 
par.  x. 


158  MANUAL  OF  LAW  AND  USAGE. 

§  319.  The  time  which  must  elapse  be- 
tween the  first  citation  of  an  accused  per- 
son or  a  witness  and  the  meeting  of  the 
judicatory  at  which  he  is  to  appear  is  at 
least  ten  days.  But  the  time  allotted  for 
his  appearance  in  the  subsequent  citation  is 
left  to  the  discretion  of  the  judicatory : 
Provided  always,  however,  that  it  he  not 
less  than  is  quite  sufficient  for  a  reasonable 
and  convenient  compliance  with  the  cita- 
tion.— B.  D.  ch.  iv,  par,  xii. 

§  320.  The  second  citation  ought  always 
to  be  accompanied  with  a  notice,  that  if  the 
person  cited  do  not  appear  at  the  time  ap- 
pointed, the  judicatory,  besides  censuring 
him  for  his  contumacy,  will,  after  assign- 
ing some  person  to  manage  his  defence,  pro- 
ceed to  take  the  testimony  in  his  case  as  if 
he  were  present. — B.  D.  ch.  iv,par.  xiii. 

§  321.  Judicatories,  before  proceeding  to 
trial,  ought  to  ascertain  that  their  citations 
have  been  duly  served  on  the  persons  for 
whom  they  were  intended,  and  especially 


JUDICIAL  CASES.  159 

before  they  proceed  to  ultimate  measures 
for  contumacy.— i?.  D.  ch.  iv,  par.  xiv. 

§  322.  As  cases  may  arise  in  which  many 
days,  or  even  weeks,  may  intervene  before 
it  is  practicable  to  commence  process 
against  an  accused  church  member,  the 
Session  may  in  such  cases  and  ought,  if 
they  think  the  edification  of  the  Church 
requires  it,  to  prevent  the  accused  person 
from  approaching  the  Lord's  table  until 
the  charge  against  him  can  be  examined. — 
B.  I),  ch.  iv,  par.  xviii. 

§  323.  When  a  member  of  a  church 
judicatory  (elder  or  minister)  is  under 
process,  it  shall  be  discretionary  with  the 
judicatory  whether  his  privileges  of  delib- 
erating and  voting  as  a  member  in  other 
matters  shall  be  suspended  until  the  pro- 
cess is  finally  issued  or  not. — B.  D.  ch.  v, 
par.  ix. 

§  324.  No  professional  counsel  shall  be 
permitted  to  appear  and  plead  in  cases  of 


160  MANUAL  OF  LAW  AND  USAGE. 

process  in  any  of  the  courts.  But  if  any 
accused  person  feel  unable  to  represent  and 
plead  his  own  cause  to  advantage,  he  may 
request  any  minister  or  elder  belonging  to 
the  judicatory  before  which  he  appears  to 
prepare  and  exhibit  his  cause  as  he  may 
judge  proper.  But  the  minister  or  elder  so 
engaged  shall  not  be  allowed,  after  plead- 
ing the  cause  of  the  accused,  to  sit  in  judg- 
ment as  a  member  of  the  judicatory. — B, 
D.  ch.  ivy  par.  xxi. 


TRIAL.  161 


CHAPTER  XVIII. 

TRIAL. 

§  325.  After  the  court  is  duly  consti- 
tuted and  opened  with  prayer  for  Divine 
guidance,  the  -moderator  shall  solemnly 
announce  from  the  chair  that  the  hody  is 
about  to  pass  to  the  consideration  of  the 
business  assigned  for  trial,  and  to  enjoin 
on  the  members  to  recollect  and  regard 
their  high  character  as  judges  of  a  court 
of  Jesus  Christ,  and  the  solemn  duty  in 
which  they  are  about  to  act. — G.  A.  Rule 
40. 

§  326.  The  charges  and  specifications 
shall  then  be  read  by  the  clerk,  and  the 
accused  shall  be  called  upon  by  the  moder- 
ator to  plead  guilty  or  not  guilty. 

§  327.  If  he  plead  guilty,  the  court  shall, 
after  private  consideration  and  determina- 
tion, proceed  to  pass  their  sentence  through 
the  moderator. 
11 


162  MANUAL  OF  LAW  AND  USAGE. 

§  328.  If  he  plead  not  guilty,  the  prose- 
cution shall  then  proceed  to  adduce  proof 
of  the  charges  as  they  are  presented,  and 
the  witnesses  shall  he  examined  in  the 
presence  of  the  accused,  who  shall  have  the 
right  to  cross-examine,  either  by  himself 
or  by  his  counsel. — B.  D.  ch.  it?,  par.  :cv. 

§  329.  All  persons  are  not  competent  as 
witnesses,  and  all  who  are  competent  are 
not  credible. — B.  I),  ch.  vi,  par.  i. 

§  330.  A  competent  witness  is  one  who 
ought  to  be  admitted  and  heard.  The  com- 
petency of  a  witness  may  he  affected  by  his 
want  of  the  proper  age ;  by  a  want  of  any 
of  the  senses  essential  to  a  knowledge  of 
the  matter  which  he  is  called  to  establish  ; 
by  weakness  of  understanding ;  by  infamy 
of  character;  by  being  under  church  cen- 
sure for  falsehood  or  perjury  ;  by  nearness 
of  relationship  to  any  of  the  parties ;  and 
by  a  variety  of  considerations  which  can- 
not be  specified  in  detail. — B.  D.  ch.  vi, 
par.  ii. 


TRIAL.  163 

§  331.  Where  there  is  room  for  doubt 
with  regard  to  any  of  these  points,  either 
party  has  a  right  to  challenge  witnesses  ; 
and  the  judicatory  shall  candidly  attend  to 
the  exceptions,  and  decide  upon  them. — B. 
D.  ch.  vi,  par.  Hi. 

§  332.  The  credibility  of  a  witness,  or 
the  degree  of  credit  due  to  his  testimony, 
may  be  affected  by  relationship  to  any  of 
the  parties ;  by  deep  interest  in  the  result 
of  the  trial ;  by  general  rashness,  indiscre- 
tion, or  malignity  of  character;  and  by 
various  other  circumstances  ;  to  which  ju- 
dicatories shall  carefully  attend,  and  for 
which  they  shall  make  all  proper  allowance 
in  their  decision. — B.  D.  ch.  vi,  par.  iv. 

§  333.  A  husband  or  wife  shall  not  be 
compelled  to  bear  testimony  against  each 
other  in  any  judicatory. — B.  I),  ch.  vi, 
par.  v. 

§  334.  The  testimony  of-  more  than  one 
witness  is  necessary  in  order  to  establish 
any  charge,  yet  if  several   credible    wit- 


164  MANUAL  OF  LAW  AND  USAGE. 

nesses  bear  testimony  to  different  similar 
acts,  belonging  to  the  same  general  charge, 
the  crime  shall  be  considered  as  proved. 
B.  D.  ch.  vi,par.  vi. 

§  335.  A  member  of  the  judicatory  may 
be  called  upon  to  bear  testimony  in  a  case 
which  comes  before  it.  He  shall  be  quali- 
fied as  other  witnesses  are ;  and  after 
having  given  his  testimony,  he  may  im- 
mediately resume  his  seat  as  a  member  of 
the  judicatory. — B.  D.  ch.  vi,  par.  xv. 

§  336.  No  witness  afterward  to  be  ex- 
amined, except  a  member  of  the  judicatory, 
shall  be  present  during  the  examination 
of  another  witness  on  the  same  case,  un- 
less by  consent  of  parties. — B.  D.  ch.  vi, 
par.  vii. 

§  337.  The  oath  or  affirmation  to  a  wit- 
ness shall  be  administered  by  the  moderator 
in  the  following  or  like  terms  : 

You  solemnly  promise,  in  the  presence  of  the 
omniscient  and  heart-searching  God,  that  you  will 
declare  the  truth,  the  whole  truth,  and  nothing  but 


TRIAL.  165 

the  truth,  according  to  the  best  of  your  knowledge,  in 
the  matter  in  which  you  are  called  to  witness,  as  you 
shall  answer  it  to  the  great  Judge  of  quick  and  dead. 

— B.  D.  ch.  vi,  par.  ix. 

.§  338.  To  prevent  confusion,  witnesses 
shall  be  examined  first  by  the  party  intro- 
ducing them,  then  cross-examined  by  the 
opposite  party  ;  after  which  any  member 
of  the  judicatory  or  either  party  may  put 
additional  interrogatories.  But  no  ques- 
tion shall  be  put  or  answered  except  by 
permission  of  the  moderator. — B.  D.  ch.  vi, 
par.  viii. 

§  339.  When  the  prosecution  is  examin- 
ing his  witnesses  the  defence  shall  not  be 
permitted  to  ask  any  question  of  said  wit- 
ness until  the  prosecution  shall  have  fin- 
ished with  him,  and  vice  versa. 

§  340.  When  the  prosecution  shall  have 
finished  their  proposed  evidence,  the  ac- 
cused shall  then  proceed  to  adduce  his 
testimony  in  defence ;  and  the  same  order 
shall  be  observed  in  the  examination  of 


166  MANUAL  OF  LAW  AND  USAGE. 

the  witnesses  for  the  defence  as  for  the 
prosecution. 

§  341.  Cases  may  arise  in  which  it  is 
not  convenient  for  a  judicatory  to  have  the 
whole,  or  perhaps  any  part,  of  the  testi- 
mony in  a  particular  cause  taken  in  their 
presence.  In  this  case  a  commission  of  the 
judicatory,  consisting  of  two  or  three  mem- 
bers, may  be  appointed,  and  authorized  to 
proceed  to  the  place  where  the  witness  or 
witnesses  reside  and  take  the  testimony  in 
question,  which  shall  be  considered  as  if 
taken  in  the  presence  of  the  judicatory ; 
of  which  commission  and  of  the  time  and 
place  of  their  meeting  due  notice  shall  be 
given  to  the  opposite  party,  that  he  may 
have  an  opportunity  of  attending.  And 
if  the  accused  shall  desire  on  his  part  to 
take  testimony  at  a  distance,  for  his  own 
exculpation,  he  shall  give  notice  to  the  ju- 
dicatory of  the  time  and  place  when  it  is 
proposed  to  take  it,  that  a  commission,  as 
in  the  former  case,  may  be  appointed  for 
the  purpose. — B.  D.  ch.  vi,  par.  xiii. 


TRIAL.  167 

§  342.  Every  question  put  to  a  witness 
shall,  if. required,  be  reduced  to  writing. 
When  answered,  it  shall,  together  with  the 
answer,  be  recorded,  if  deemed  by  either 
party  of  sufficient  importance. — B.  D.  cli. 
vi,  par.  x. 

§  343.  Questions  of  order,  which  arise  in 
the  course  of  process,  shall  be  decided  by 
the  moderator.  If  an  appeal  is  made  from 
the  chair,  the  question,  on  the  appeal  shall 
be  taken  without  debate. — B.  D.ch.  iv,par. 
xxii. 

§  344.  But  an  appeal  to  the  church  Ses- 
sion from  the  moderator,  if  he  be  a  minis- 
ter, would  not  be  in  order.  In  this  case 
exceptions  to  his  decision  must  be  filed  to 
go  before  the  Presbytery. 

§  345.  When  the  witnesses  have  all  been 
examined,  the  accused  and  the  prosecutor 
shall  have  the  privilege  of  commenting  on 
their  testimony  to  any  reasonable  extent. — 
B.  D.  ch.  vi,  par.  xiv. 


168  MANUAL  OF  LAW  AND  USAGE. 

§  346.  In  their  pleadings,  after  all  the 
witnesses  have  been  examined,  the  defence 
shall  first  be  heard,  and  afterward  the 
prosecution. 

§  347.  The  pleadings  having  been  heard, 
the  court  shall  proceed  deliberately  to  a 
conclusion  of  the  whole  matter,  and  de- 
clare their  judgment. 

§  348.  If  the  court  find  the  party  guilty, 
the  person  found  guilty  shall  be  admon- 
ished, or  rebuked,  or  excluded  from  church 
privileges,  as  the  case  shall  appear  to  de- 
serve, until  he  give  satisfactory  evidence  of 
repentance. — B.  D.  cli.  iv,par.  xvii. 

§  349.  Such  gross  offenders  as  will  not 
be  reclaimed  by  the  private  or  public  ad- 
monitions of  the  church  are  to  be  cut  off 
from  its  communion,  agreeably  to  our 
Lord's  direction,  Matt,  xviii:  IT,  and 
the  apostolic  injunction  respecting  the  in- 
cestuous person,  I  Cor.  v:  1-5. — B.  D.  ch. 
Wj  par.  xx. 


TRIAL.  1 69 

§  350.  If  the  court  find  the  party  not 
guilty,  they  should  recommend  him  to  the 
confidence  of  the  Church. 

§  351.  The  sentence  shall  he  published 
only  in  the  church  or  churches  which  have 
been  offended;  or,  if  the  offence  be  of 
small  importance,  and  such  as  it  shall  ap- 
pear most  for  edification  not  to  publish, 
the  sentence  may  pass  only  in  the  judica- 
tory.— B.  D.  ch.  iv,par.  xix. 

§  352.  The  judgment  shall  be  regularly 
entered  on  the  records  of  the  judicatory ; 
and  the  parties  shall  be  allowed  copies  of 
the  whole  proceedings,  at  their  own  ex- 
pense, if  they  demand  them.  And  in  case  of 
references  or  appeals,  the  judicatory  refer- 
ring or  appealed  from  shall  send  authentic 
copies  of  the  whole  jjrocess  to  the  higher 
judicatory.—!?.  D.  ch.  iv,par.  xvi. 

§  353.  But  the  parties  cannot  "  demand 
copies  of  the  whole  proceedings ' '  from  the 
clerk,  but  from  the  judicatory ;  as  the  clerk 


170  MANUAL  OF  LAW  AND  USAGE. 

without  an  order  has  no  authority  to  give 
them. 

§  354.  In  recording  the  proceedings  in 
cases  of  judicial  process,  the  reasons  for  all 
decisions,  except  on  questions,  of  order, 
shall  be  recorded  at  length,  that  the  rec- 
ord may  exhibit  everything  which  had  an 
influence  on  the  judgment  of  the  court. 
And  nothing  but  what  is  contained  in  the 
record  may  be  taken  into  consideration  in 
reviewing  the  proceedings  in  a  superior 
court. — B.  D.  ch.  iv,par.  xxiii. 

§  355.  The  records  of  a  judicatory,  or 
any  part  of  them,  whether  original  or 
transcribed,  if  regularly  authenticated  by 
the  moderator  and  clerk,  or  either  of  them, 
shall  be  deemed  good  and  sufficient  evi- 
dence in  every  other  judicatory. — B.  D.  ch. 
vi,  par.  xi. 

§  356.  In  like  manner  testimony  taken 
by  one  judicatory,  and  regularly  certified, 
shall  be  received  by  every  other  judicatory 
as  no  less  valid  than  if  it  had  been  taken 
by  themselves. — B.  D.  ch.  vit  par.  xii. 


MODE  OF  PASSING  SENTENCE.  171 


CHAPTER  XIX. 

MODE  OF  PASSING  SENTENCE  AND  OF  RESTORING 
THE  PENITENT  TO  CHURCH  PRIVILEGES. 

§  357.  The  power  which  Christ  hath 
given  the  rulers  of  his  church  is  for  edi- 
fication, and  not  for  destruction.  As  in 
the  preaching  of  the  word  the  wicked 
are  doctrinally  separated  from  the  good, 
so  by  discipline  the  church  authoritatively 
makes  a  distinction  between  the  holy  and 
the  profane.  In  this  she  acts  the  part  of 
a  tender  mother,  correcting  her  children 
only  for  their  good,  that  every  one  of  them 
may  be  presented  faultless  in  the  day  of 
the  Lord  Jesus.— D.  W.  cli.  x,  par.  i. 

§  358.  When  any  member  of  the  church 
shall  have  been  guilty  of  a  fault  deserving 
censure,  the  judicatory  shall  proceed  with 
all  tenderness  and  restore  their  offending 
brother  in  the  spirit  of  meekness,  consid- 


172  MANUAL  OF  LAW  AND  USAGE. 

ering  themselves  lest  they  also  be  tempted. 
Censure  ought  to  be  inflicted  with  great 
solemnity,  that  it  may  be  the  means  of 
impressing  the  mind  of  the  delinquent 
with  a  proper  sense  of  his  danger,  while 
he  stands  excluded  from  the  privileges  of 
the  church  of  the  living  God;  and  that 
with  the  divine  blessing  it  may  lead  him 
to  repentance. — D.  W.  ch.  x,  par.  ii. 

§  359.  When  the  judicatory  has  resolved 
to  pass  sentence  suspending  a  member 
from  church  privileges,  the  moderator 
shall  address  him  to  the  following  pur- 
pose: 

Whereas  you  are  guilty  (by  your  own  confession,  or 
convicted  by  sufficient  proof,  as  the  case  may  be)  of 
the  sin,  (here  mention  the  particular  offence,)  we  de- 
clare you  suspended  from  the  sacraments  of  the  church 
till  you  give  satisfactory  evidence  of  the  sincerity  of 
your  repentance. 

— D.  W.  ch.  x,  par.  Hi. 

§  360.  To  this  shall  be  added  such  ad- 
vice, admonition,  or  rebuke  as  may  be 
judged  necessary,  and  the  whole  shall  be 


MODE  OF  PASSING  SENTENCE.  US 

concluded  by  prayer  to  Almighty  God, 
that  he  would  follow  this  act  of  discipline 
with  his  blessing.  We  judge  it  prudent 
in  general  that  such  censures  be  inflicted 
in  the  presence  of  the  judicatory  only ;  but 
if  any  church  think  it  expedient  to  rebuke 
the  offender  publicly,  this  solemn  suspen- 
sion from  the. sacraments  may  be  in  the 
presence  of  the  congregation. — Ibid. 

§  361.  After  any  person  hath  been  thus 
suspended  from  the  sacraments,  it  is  proper 
that  the  minister  and  elders  and  other 
christians  should  frequently  converse  with 
him,  as  well  as  pray  for  him  in  private, 
that  it  would  please  God  to  give  him  re- 
pentance. And  it  may  be  requisite  like- 
wise, particularly  on  days  preparatory  to 
the  dispensing  of  the  Lord's  supper,  that 
the  prayers  of  the  church  be  offered  up 
for  those  unhappy  persons  who  by  their 
wickedness  have  shut  themselves  out  from 
this  holy  communion. — D.  W.  ch.  x,  par.  iv. 

§  362.  When  the  judicatory  shall  be  sat- 


174  MANUAL  OF  LAW  AND  USAGE. 

isfied  as  to  the  reality  of  the  repentance  of 
any  offender,  he  shall  be  admitted  to  pro- 
fess his  repentance  and  be  restored  to  the 
privileges  of  the  church  ;  which  restora- 
tion shall  be  declared  to  the  penitent  in 
the  presence  of  the  Session  or  of  the  con- 
gregation, and  followed  with  prayer  and 
thanksgiving. — D.  W.  ch.  x,  par.  v. 

§  363.  When  any  offender  has  been  ad- 
judged to  be  cut  off  from  the  communion 
of  the  church,  it  is  proper  that  the  sen- 
tence be  publicly  pronounced  against  him. 
— D.  W.  ch.  x,  par.  vi. 

§  364.  The  design  of  excommunication 
is  to  operate  upon  the  offender  as  a  means 
of  reclaiming  him,  to  deliver  the  church 
from  the  scandal  of  his  offence,  and  to  in- 
spire all  with  fear  by  the  example  of  his 
punishment. — D.  W.  ch.  x,  par.  vii. 

§  365.  The  minister  shall  give  the  church 
or  congregation  .a  short  narrative  of  the 
several  steps  which  have  been  taken  with 


MODE  OF  PASSING  SENTENCE.  175 

respect  to  their  offending  brother,  and  in- 
form them  that  it  has  been  found  necessary 
to  cut  him  off  from  the  communion  ;  and 
shall,  in  the  presence  of  the  church  or 
congregation,  pronounce  the  sentence  in 
the  following  or  like  form,  viz  :  He  shall 
begin  by  showing  the  authority  of  the 
church  to  cast  out  unworthy  members, 
from  Mat.  xviii:  15-18;  I  Cor.  v:  1-5; 
and  shall  briefly  explain  the  nature,  use, 
and  consequences  of  this  censure,  warning 
the  people  to  avoid  all  unnecessary  inter- 
course with  him  who  is  cast  out. — Ibid. 


§  366.  Then  he  shall  say— 

Whereas  A.  B.  hath  been, by  sufficient  proof,  convicted 
of,  {here  insert  the  sin,)  and  after  much  admonition  and 
prayer  obstinately  refuseth  to  hear  the  church,  and 
hath  manifested  no  evidence  of  repentance:  therefore, 
in  the  name  and  by  the  authority  of  the  Lord  Jesus 
Christ,  I  pronounce  him  to  be  excluded  from  the  com- 
munion of  the  church. 

After  which  prayer  shall  be  made  that 
the  blessing  of  God  may  follow  his  ordi- 
nance for  the  conviction  and  reformation  of 


176  MANUAL  OF  LAW  AND  USAGE. 

the  excommunicated  person,  and  for  the 
establishment  of  all  true  believers. — D.  W. 
ch.  x,  par.  vii. 

§  367.  When  one  who  has  been  excom- 
municated shall  be  so  affected  with  his  state 
as  to  be  brought  to  repentance,  and  to  de- 
sire to  be  readmitted  to  the  privileges  of 
the  church,  the  Session,  having  obtained 
sufficient  evidence  of  his  sincere  penitence, 
shall,  with  the  advice  and  concurrence  of 
the  Presbytery,  restore  him.  In  order  to 
which  the  minister  shall,  on  two  Lord's 
days  previous  thereto,  inform  the  congre- 
gation of  the  measures  which  have  been 
taken  with  the  excommunicated  person, 
and  of  the  resolution  of  the  Session  to  re- 
ceive him  again  to  the  communion  of  the 
church. — D.  JV.  ch.  x,par.  viii. 

§  368.  On  the  day  appointed  for  his  res- 
toration, when  the  other  parts  of  divine 
service  are  ended,  before  pronouncing  the 
blessing,  the  minister  shall  call  upon  the 
excommunicated  person,   and  propose  to 


MODE  OF  RESTORATION.  177 

him,  in  the  presence  of  the  congregation, 
the  following  questions,  viz: 

1.  Do  you,  from  a  deep  seDse  of  your  great  wicked- 
ness, freely  confess  your  sin  in  thus  rebelling  against 
God,  ;md  in  refusing  to  hear  his  church ;  and  do  you  ac- 
knowledge that  you  have  been,  in  justice  and  mercy, 
cut  off  from  the  communion  of  the  saints? 

Ansioer.  I  do. 

2.  Do  you  now  voluntarily  profess  your  sincere  re- 
pentance and  deep  contrition  for  your  sin  and  obstinacy ; 
and  do  you  humbly  ask  the  forgiveness  of  God  and  of 
his  church? 

Answer.  I  do. 

3.  Do  you  sincerely  promise,  through  divine  grace, 
to  live  in  all  humbleness  of  mind  and  circumspection, 
and  to  endeavor  to  adorn  the  doctrine  of  God  our  Sa- 
viour, by  having  your  conversation  as  becometh  the 
gospel? 

Answer.  I  do. 

Here  the  minister  shall  give  the  penitent 
a  suitable  exhortation,  addressing  him  in 
the  bowels  of  brotherly  love,  encouraging 
and  comforting  him.  Then  he  shall  pro- 
nounce the  sentence  of  restoration  in  the 
following  words,  viz: 

Whereas  you,  A.  B.,  have  been  shut  out  from  the  com- 
munion of  the  faithful,  but  have  now  manifested  such 
repouiance  as  satisfies  the  church:  In  the  name  of  the 
12 


178  MANUAL  OF  LAW  AND  USAGE. 

Lord  Jesus  Christ,  and  by  his  authority,  I  declare  you 
absolved  from  the  sentence  of  excommunication  formerly 
denounced  against  you ;  and  I  do  receive  you  into  the 
communion  of  the  church,  that  you  may  be  a  partaker 
of  all  the  benefits  of  the  Lord  Jesus,  to  your  eternal 
salvation. 

The  whole  shall  be  concluded  with  pray- 
er, and  the  people  dismissed  with  the  usual 
blessing. — Ibid. 


PROCESS  AGAINST  A  MINISTER.  1*79 

CHAPTEK  XX. 

PROCESS  AGAINST  A  MINISTER. 

§  369.  As  no  minister  ought,  on  account 
of  his  office,  to  he  screened  from  the  hand 
of  justice,  nor  his  offences  to  be  slightly 
censured,  so  neither  ought  scandalous 
charges  to  be  received  against  him  by  any 
judicatory  on  slight  grounds. — B.  D.  ch.  v, 
par.  i. 

§  370.  Process  against  a  minister  shall 
always  be  entered  before  the  Presbytery  of 
which  he  is  a  member. — B.  D.  ch.  v,par.  ii. 

§  371.  The  same  candor,  caution,  and 
general  method,  substituting  only  the  Pres- 
bytery for  the  Session,  are  to  be  observed  in 
investigating  charges  against  him  as  are 
prescribed  in  the  case  of  private  members. 
—Ibid. 

§372.  Process  against  a  gospel  minister 


180  MANUAL  OF  LAW  AND  USAGE. 

shall  not  be  commenced,  unless  some  per- 
son or  persons  undertake  to  make  out  the 
charge;  or  unless  common  fame  so  loudly 
proclaim  the  scandal,  that  the  Presbytery 
find  it  necessary  for  the  honor  of  religion 
to  investigate  the  charge. — B.  D.  ch.  v, 
par.  v. 

§  373.  When  complaint  is  laid  before  the 
Presbytery  it  must  be  reduced  to  writing. — 
B.  D.  ch.  v.par.  viii. 

§  374.  The  prosecutor  of  a  minister  shall 
be  previously  warned,  that  if  he  fail  to 
prove  the  charges,  he  must  himself  be  cen- 
sured as  a  slanderer  of  the  gospel  ministry, 
in  proportion  to  the  malignancy  or  rash- 
ness that  shall  appear  in  the  prosecution. — 
B.  D.  ch.  v,par.  vii. 

§  375.  If  a  minister  accused  of  atrocious 
crimes,  being  twice  duly  cited,  shall  re- 
fuse to  attend  the  Presbytery,  he  shall  be 
immediately  suspended.  And  if,  after 
another  citation,  he  shall  refuse  to  attend, 


PROCESS  AGAINST  A  MINISTER.  181 

he  shall  he  deposed  as  contumacious — B. 
D.  c7i.  v,  par.  xi. 

§  376,  If  it  be  found  that  the  facts  with 
which  a  minister  stands  charged  happened 
without  the  bounds  of  his  own  Presbytery, 
that  Presbytery  shall  send  notice  to  the 
Presbytery  within  whose  bounds  the)r  did 
happen,  and  desire  them  either  (if  within 
convenient  distance)  to  cite  the  witnesses 
to  appear  at  the  place  of  trial,  or  (if  the 
distance  be  so  great  as  to  render  that  in- 
convenient) to  take  the  examination  them- 
selves, and  transmit  an.  authentic  record  of 
their  testimony:  always  giving  due  notice 
to  the  accused  person  of  the  time  and  place 
of  such  examination. — B.  D.  cli.  v,  par. 


§377.  Nevertheless,  in  case  a  minister 
being  supposed  to  be  guilty  of  a  crime  or 
crimes  at  such  a  distance  from  his  usual 
place  of  residence  as  that  the  offence  is 
not  likely  to  become  otherwise  known  to 
the   Presbytery  to  which    he   belongs,  it 


182  MANUAL  OF  LAW  AND  USAGE. 

shall  in  such  case  be  the  duty  of  the 
Presbytery  within  whose  bounds  the  facts 
shall  have  happened,  after  satisfying  them- 
selves that  there  is  probable  ground  of  ac- 
cusation, to  send  notice  to  the  Presbytery 
of  which  he  is  a  member,  who  are  to  pro- 
ceed against  him,  and  either  send  and  take 
the  testimony  themselves  by  a  commission 
of  their  own  body,  or  request  the  other 
Presbyter}^  to  take  it  for  them,  and  trans- 
mit the  same,  properly  authenticated. — B% 
D.  ch.  v,  pai\  iv. 

§  378.  If  a  minister  confess  guilt,  and 
the  matter  be  base  and  flagitious — such  as 
drunkenness,  uncleanness,  or  crimes  of  a 
higher  nature,  however  penitent  he  may 
appear  to  the  satisfaction  of  all — the  Pres- 
bytery must  without  delay  suspend  him 
from  the  exercise  of  his  office  or  depose 
him  from  the  ministry ;  and  if  the  way  be 
clear  for  the  purpose,  appoint  him  a  due 
time  to  confess  publicly  before  the  congre- 
gation offended,  and  to  profess  his  peni- 
tence.— B.  D.  ch.  v,par.  x. 


PROCESS  AGAINST  A  MINISTER.  183 

§  379.  If  upon  trial  he  be  found  guilty, 
the  Presbytery  must  censure,  admonish, 
suspend,  or  depose  him,  according  to  the 
nature  of  the  offence. — B.  D.  ch.  v,par.  xii. 

§  380.  Heresy  and  schism  may  be  of  such 
a  nature  as  to  infer  deposition ;  but  errors 
ought  to  be  carefully  considered,  whether 
they  strike  at  the  vitals  of  religion,  and  are 
industriously  spread ;  or  whether  they  arise 
from  the  weakness  of  the  human  under- 
standing, and  are  not  likely  to  do  much 
injury. — B.  D.  ch.  v,  par.  xiii. 

§  381.  A  minister  under  process  for  her- 
esy or  schism  should  be  treated  with  chris- 
tian and  brotherly  tenderness.  Frequent 
conferences  ought  to  be  held  with  him, 
and  proper  admonitions  administered.  For 
some  more  dangerous  errors,  however, 
suspension  may  become  necessary.  (B.D. 
ch.  v,  par.  xiv.)  If  the  Presbytery  find, 
on  trial,  that  the  matter  complained  of 
amounts  to  no  more  than  such  acts  of  in- 
firmity as  may  be  amended,  and  the  peo- 


184  MANUAL  OF  LAW  AND  USAGE. 

pie  satisfied,  so  that  little  or  nothing  re- 
mains to  hinder  his  usefulness,  they  shall 
take  all  prudent  measures  to  remove  the 
offence. — B.  D.  ch.  v,par.  xv. 

§  382.  A  minister  deposed  for  scandalous 
conduct  shall  not  be  restored,  even  on  the 
deepest  sorrow  for  his  sin,  until  after  some 
time  of  eminent  and  exemplary,  humble, 
and  edifying  conversation,  to  heal  the 
wound  made  by  his  scandal.  And  he 
ought  in  no  case  to  be  restored  until  it 
shall  appear  that  the  sentiments  of  the 
religious  public  are  strongly  in  his  favor 
and  demand  his  restoration. — B.  D.  ch.  v, 
par.  xvi. 

§  383.  As  soon  as  a  minister  is  deposed, 
his  congregation  shall  be  declared  vacant. 
■ — B.  D.ch.v,  par.  xvii. 


NEW  TESTIMONY  AND  NEW  TRIAL.        185 

CHAPTER  XXI. 

NEW  TESTIMONY  AND  NEW  TRIAL. 

§  384.  If,  after  a  trial  before  any  judica- 
tory, new  testimony  be  discovered,  which 
is  supposed  to  be  highly  important  to  the 
exculpation  of  the  accused,  it  is  proper  for 
him  to  ask,  and  for  the  judicatory  to  grant, 
a  new  trial. — B.  D.  ch.  ix,  par.  i. 

§  385.  It  sometimes  happens,  in  the 
prosecution  of  appeals,  that  testimony 
which  had  not  been  exhibited  before  the 
inferior  judicatory  is  represented  to  ex- 
ist, and  to  be  of  considerable  importance 
in  the  case. — B.  D.  ch.  ix,  par.  ii. 

§  386.  Representations  of  this  kind  ought 
not  to  be  lightly,  or  of  course  sustained. 
But  the  superior  judicatory  ought  to  be 
well  satisfied  that  the  alleged  testimony 
is  of  real  importance,  before  they  deter- 
mine to  put  the  inferior  judicatory  to  the 


186  MANUAL  OF  LAW  AND  USAGE. 

trouble  of  a  new  trial. — B.  D.  ch.  ix,  par. 
Hi. 

§387.  When  such  testimony,  therefore, 
is  alleged  to  exist,  either  by  the  appellant, 
or  the  judicatory  appealed  from,  it  will  be 
proper  for  the  superior  judicatory  to  inquire 
into  the  nature  and  import  of  the  testimony; 
what  is  intended  to  be  proved  by  it ;  and 
whether  there  is  any  probability  that  it  will 
really  establish  the  point  intended  to  be 
established. — B.  D.  ch.  ix,  par.  iv. 

§388.  If  it  appear  that  the  fact  proposed 
to  be  established  by  the  new  testimony  is 
important ;  that  is,  if  it  appear  to  be  such 
a  fact  as,  if  proved,  would  materially  alter 
the  aspect  of  the  cause ;  and  if  there  be  any 
probability  that  the  testimony  in  question 
will  be  sufficient  to  establish  the  alleged 
fact,  then  the  superior  judicatory  ought  to 
send  the  cause  back  to  the  inferior  for  a  new 
trial. — B.  D.  ch.  ix,  par.  v. 

I     §389.  Cases  may  arise,  however,  in  which 
the  judicatory  appealed  from  and  the  ap- 


NEW  TESTIMONY  AND  NEW  TRIAL.        187 

pellant  may  concur  in  requesting  the  su- 
perior judicatory  to  take  up  and  issue  the 
appeal,  with  the  additional  light  which  the 
new  evidence  may  afford.  In  this  case,  and 
especially  if  very  serious  injury  is  likely  to 
happen,  either  to  the  appellant  or  to  the 
church,  hy  the  delay  which  a  new  trial 
would  occasion,  the  superior  judicatory 
may  proceed  to  hear  the  new  testimony,  and 
to  issue  the  appeal  with  the  aid  of  the  ad- 
ditional light  which  that  testimony  may 
afford. — B.  D.  cli.  ix.  par.  vi. 

§  390.  When,  however,  the  judgment 
of  the  inferior  judicatory  is  reversed,  and 
it  is  apparent  that  the  new  testimony  had 
considerable  influence  in  procuring  the 
reversal,  it  ought  to  be  so  stated  in  the 
decision  of  the  superior  judicatory,  inas- 
much as  it  would  be  injustice  to  the  inferior 
judicatory  to  reverse  their  decision  upon 
grounds  which  were  never  before  them, 
without  explaining  the  fact. — B.  I),  ch.ix, 
par.  vii. 


188  MANUAL  OF  LAW  AND  USAGE. 

§  391.  If  a  court  refuse  to  grant  a  new 
trial  upon  the  allegation  of  new  testimony, 
a  complaint  may  lie.—if.  G.A.  1812, p.  496. 

§  392.  An  order  for  a  new  trial  does 
not  restore  the  defendant. — M.  N.  S.  G.  A. 
1846,  p.  33. 


DISSENTS  AND  PROTESTS.  189 

CHAPTER  XXII. 

DISSENTS  AND  PROTESTS. 

§  393.  A  dissent  is  a  declaration  on  the 
part  of  one  or  more  members  of  a  minority, 
'in  a  judicatory,  expressing  a  different  opin- 
ion from  that  of  the  majority  in  a  particular 
case.  A  dissent,  unaccompanied  with  rea- 
sons, is  always  entered  on  the  records  of 
the  judicatory. — B.  D.  ch.  viii,  par.  i. 

§  394.  A  protest  is  a  more  solemn  and 
formal  declaration,  made  by  members  of  a 
minority,  as  before  mentioned,  bearing  their 
testimony  against  what  they  deem  a  mis- 
chievous or  erroneous  judgment;  and  is 
generally  accompanied  with  a  detail  of  the 
reasons  on  which  it  is  founded. — B.  D.  ch. 
viii,  par.  ii. 

§  395.  If  a  protest  or  dissent  be  couched 
in  decent  and  respectful  language,  and 
contain  no  offensive  reflections  or  insinu- 
ations against  the  majority  of  the  judica- 


190  MANUAL  OF  LAW  AND  USAGE. 

tory,  those  who  offer  it  have  a  right  to 
have  it  recorded  on  the  minutes. — B.  D. 
ch.  viii,  par.  Hi. 

§  396.  A  dissent  or  protest  may  he  ac- 
companied with  a  complaint  to  a  superior 
judicatory  or  not,  at  the  pleasure  of  those 
who  offer  it.  If  not  thus  accompanied,  it' 
is  simply  left  to  speak  for  itself  when  the 
records  containing  it  come  to  he  reviewed 
by  the  superior  judicatory. — B.  D.  ch.  viii, 
par.  iv. 

§  397.  It  may  sometimes  happen  that  a 
protest,  though  not  infringing  the  rules 
of  decorum  either  in  its  language  or  mat- 
ter, may  impute  to  the  judicatory,  whose 
judgment  it  opposes,  some  principles  or 
reasonings  which  it  never  adopted.  In 
this  case  the  majority  of  the  judicatory 
may  with  propriety  appoint  a  committee 
to  draw  up  an  answer  to  the  protest,  which, 
after  being  adopted  as  the  act  of  the  judi- 
catory, ought  to  be  inserted  on  the  records. 
— B.  D.  ch.  viii y  par  v. 


DISSENTS  AND  PROTESTS.  191 

§  398.  When  in  such  a  case  the  answer 
of  the  majority  is  brought  in,  those  who 
entered  their  protest  may  be  of  the  opinion 
that  fidelity  to  their  cause  calls  upon  them 
to  make  a  reply  to  the  answer.  This, 
however,  ought  by  no  means  to  be  admit- 
ted ;  as  the  majority  might  of  course  re- 
join, and  litigation  might  be  perpetuated, 
to  the  great  inconvenience  and  disgrace  of 
the  judicatory. — B.  D.  ch.  viii,  par.  vi. 

§  399.  When,  however,  those  who  have 
protested  consider  the  answer  of  the  ma- 
jority as  imputing  to  them  opinions  or 
conduct  which  they  disavow,  the  proper 
course  is  to  ask  leave  to  take  back  their 
protest,  and  modify  it  in  such  a  manner  as 
to  render  it  more  agreeable  to  their  views. 
This  alteration  may  lead  to  a  correspond- 
ing alteration  in  the  answer  of  the  ma- 
jority, with  which  the  whole  affair  ought 
to  terminate. — B.  D.  ch.  viii,  par.  vii. 

§  400.  None  can  join  in  a  protest  against 
a  decision  of  a  judicatory  excepting  those 


192  MANUAL  OF  LAW  AND  USAGE. 

who  had  a  right  to  vote  in  said  decision. 
— B.  D.  ch.  viii,  par.  viii. 

§  401.  In  the  Assembly  of  1846  (0.  S.) 
leave  was  refused  to  have  a  dissent  with 
reasons  entered  upon  the  record.  The 
consideration  influencing  the  body  seems 
to  have  been  the  threatened  introduction 
of  several  others  should  the  one  offered  be 
recorded.  The  only  justification  attempted 
was  in  the  suggestion  that  the  language 
of  Chapter  VII,  §  1,  of  the  Book  of  Dis- 
cipline seems  to  imply  that  a  dissent  may 
be  rejected  if  accompanied  with  reasons. 
This  is  true,  if  taken  with  the  limitation 
given  in  §  3  of  the  same  chapter,  if  the 
reasons  are  not  respectfully  expressed. 
Otherwise  a  judicatory  has  no  discretion, 
but  it  is  bound  to  admit  a  dissent  no  less 
than  a  protest  to  record.  The  mistake 
seems  to  have  arisen  from  a  false  idea  that 
the  difference  between  a  dissent  and  a  pro- 
test consists  in  the  fact  of  the  one  being 
accompanied  with  reasons  and  the  other 
being  without.     The  true  difference,  as  de- 


DISSENTS  AND  PROTESTS.  193 

termined  alike  by  the  Constitution  as  above 
cited  and  the  practice  of  the  Church,  is,  that 
in  a  dissent  a  party  relieves  himself  from 
all  responsibility  for  a  given  decision  by  a 
recorded  act,  to  which  he  may  attach  rea- 
sons or  not,  at  his  discretion.  A  protest 
goes  further,  and  not  only  declines  respon- 
sibility for,  but  utters  a  solemn  testimony 
against  a  decision,  and  may,  as  well  as  a 
dissent,  be  entered  without  reasons,  al- 
though generally  accompanied  by  them. 
Baird. 

§  402.  The  only  question  properly  be- 
fore a  judicatory  upon  the  presentation  of 
a  dissent  or  protest  seems  to  be,  is  its  lan- 
guage respectful  and  free  from  offensive 
reflections  or  insinuations?  This  being 
decided  in  the  affirmative,  the  paper  is 
entitled  to  record  without  further  vote.  If 
in  the  negative,  the  judicatory  may  still 
at  its  discretion  record  it. — Ibid. 
13 


194  MANUAL  OF  LAW  AND  USAGE. 


CHAPTER  XXIII. 

THE  VARIOUS  WAYS  OF  CARRYING  A  CAUSE  FROM 
A  LOWER  TO  A  HIGHER  COURT. 

§  403.  Every  kind  of  decision  which  is 
formed  in  any  church  court,  except  the 
highest,  is  subject  to  review  of  a  higher 
court,  and  may  be  carried  before  it  either 
upon  general  review  and  control,  or  by 
reference,  by  complaint,  or  by  appeal. — B. 
D.  cli.  vii,  par.  ii. 

§  404.  All  decisions  formed  in  a  church 
court  may  be  divided  into  three  classes: 
judicial,  legislative,  and  administrative. 

§  405.  A  judicial  decision  is  one  formed 
on  some  matter  involved  in  a  judicial  pro- 
cess— that  is  to  say,  where  an  accused  party 
is  put  upon  trial  for  some  alleged  offence. 

§  406.  A  legislative  decision  is  one  which 
involves  the  determination  of  some  point, 
as  to  the  meaning  or  the  application  of 


CARRYING  UP  CAUSES.  195 

the  common  or  written  law  of  the  Church 
to  particular  facts  or  to  a  particular  case. 

§  407.  An  administrative  decision  is  one 
which  directs  a  particular  order  of  execu- 
tive proceeding  in  all  acts  of  a  church  court, 
i.  e.,  which  orders  the  mode  of  proceedings. 

On  Review. 

§  408.  It  is  the  duty  of  every  judicatory, 
ahove  a  church  Session,  at  least  once  a  year, 
to  review  the  records  of  the  proceedings  of 
the  judicatory  next  below. — B.  D.  ch.  vii, 
sec.  i,  par.  i. 

§  409.  And  if  any  lower  judicatory  shall 
omit  to  send  up  its  records  for  this  purpose, 
the  higher  may  issue  an  order  to  produce 
them,  either  immediately  or  at  a  particu- 
lar time,  as  circumstances  may  require. — 
Ibid. 

§  410.  In  reviewing  the  records  of  an 
inferior  judicatory,  it  is  proper  to  examine, 
First.  Whether  the  proceedings  have 
been  constitutional  and  regular ; 


196  MANUAL  OF  LAW  AND  USAGE. 

Secondly.  Whether  they  have  been 
wise,  equitable,  and  for  the  edification 
of  the  church; 

Thirdly.  Whether  they  have  been  cor- 
rectly recorded. — B.  D.  ch.  vii,  sec.  i,  par. 
ii. 

§  411.  In  most  cases  the  superior  judi- 
catory may  be  considered  as  fulfilling  its 
duty  by  simply  recording  on  its  own  min- 
utes the  animadversion  or  censure  which 
it  may  think  proper  to  pass  on  records  un- 
der review,  and  also  by  making  an  entry 
of  the  same  in  the  book  reviewed. — B.  D. 
ch.  vii,  sec.  i,  par.  Hi. 

§  412.  But  it  may  be  that,  in  the  course 
of  review,  cases  of  irregular  proceedings 
may  be  found  so  disreputable  and  injurious, 
as  to  demand  the  interference  of  the  superior 
judicatory.  In  cases  of  this  kind  the  in- 
ferior judicatory  may  be  required  to  review 
and  correct  its  proceedings. — Ibid, 

§  413.  No  judicial  decision,  however,  of 


CARRYING  UP  CAUSES.  197 

a  judicatory  shall  be  reversed,  unless  it  be 
regularly  brought  up  by  appeal  or  com- 
plaint.— B.  D.  ch.  viiy  sec.  i,  par.  iv. 

§  414.  Judicatories  may  sometimes  entire- 
ly neglect  to  perform  their  duty,  by  which 
neglect  heretical  opinions  or  corrupt  prac- 
tices may  be  allowed  to  gain  ground ;  or 
offenders  of  a  very  gross  character  may  be 
suffered  to  escape ;  or  some  circumstances 
in  their  proceedings  of  very  great  irregu- 
larity may  not  be  distinctly  recorded  by 
them :  In  any  of  which  cases  their  records 
will  by  "no  means  exhibit  to  the  superior 
judicatory  a  full  view  of  their  proceedings. 
If,  therefore,  the.  superior  judicatory  be 
well  advised,  by  common  fame,  that  such 
neglects  or  irregularities  have  occurred  on 
the  part  of  the  inferior  .judicatory,  it  is 
incumbent  on  them  to  take  cognizance  of 
the  same ;  and  to  examine,  deliberate,  and 
judge  in  the  whole  matter,  as  completely 
as  if  it  had  been  recorded,  and  thus  brought 
up  by  the  review  of  the  records. — B.  D.  ch. 
vii,  sec.  i,  par.  v. 


198  MANUAL  OF  LAW  AND  USAGE. 

§  415.  When  any  important  delinquency 
or  grossly  unconstitutional  proceedings  ap- 
pear in  the  records  of  any  judicatory,  or  are 
charged  against  them  by  common  fame,  the 
first  step  to  be  taken  by  the  judicatory  next 
above  is  to  cite  the  judicatory  alleged  to 
have  offended  to  appear  at  a  specified  time 
and  place,  and  to  show  what  it  has  done 
or  failed  to  do  in  the  case  in  question; 
after  which  the  judicatory  thus  issuing  the 
citation  shall  remit  the  whole  matter  to 
the  delinquent  judicatory,  with  a  direction 
to  take  it  up  and  dispose  of  it  in  a  consti- 
tutional manner,  or  stay  all  further  pro- 
ceedings in  the  case,  as  circumstances  may 
require. — B.  D.  ch.  vii,  sec.  i,  par.  vi. 

§  416.  Members  of  a  judicatory  are  ex- 
cluded from  voting  upon  review  of  their 
own  records.—  M.  G.  A.  1816,^.  611 ;  1821, 
p.  23. 

§  417.  A  case  cannot  be  issued  judicially 
upon  review,  b.:t  the  inferior  court  may  be 
required  to  take  up  a  case ;  and  the  rule  of 


CARRYING  UP  CAUSES.  199 

limitation  of  time  does  not  then  apply. — 
31.  G.  A.  1810,  p.  383;  0.  S.  G.  A.  1850, 
p.  481. 

§  418.  A  record  once  approved  by  a 
higher  court  cannot  be  altered  or  annulled 
by  a  lower  court.  If  there  be  an  error  in 
the  record,  the  remedy  is  to  be  sought  by 
an  application  to  the  highest  court  that  has 
reviewed  and  indorsed  such  mistake. — 31. 
N.S.  G.A.  1862,^.34. 

References. 

§  419.  A  reference  is  a  judicial  repre- 
sentation, made  by  an  inferior  judicatory 
to  a  superior,  of  a  case  not  yet  decided ; 
which  representation  ought  always  to  be  in 
writing. — B.  D.  ch.  vii,  see.  ii,  par.  i. 

§  420.  Cases  which  are  new,  important, 
difficult,  of  peculiar  delicacy,  the  decision 
of  which  may  establish  principles  or  pre- 
cedents of  extensive  influence,  on  which 
the  sentiments  of  the  inferior  judicatory 
are  greatly  divided,  or  on  which,  for  any 


200  MANUAL  OF  LAW  AND  USAGE. 

reason,  it  is  highly  desirable  that  a  larger 
body  should  first  decide,  are  proper  sub- 
jects of  reference. — B.  D.  ch.  vii,  sec.  ii, 
par.  ii. 

§  421.  References  are  either  for  mere  ad- 
vice, preparatory  to  a  decision  by  the  infe- 
rior judicatory,  or  for  ultimate  trial  and 
decision  by  the  superior. — B.  D.  ch.  vii,  sec. 
ii,  par.  Hi. 

§  422.  In  the  former  case,  the  reference 
only  suspends  the  decision  of  the  judicatory 
from  which  it  comes;  in  the  latter  case,  it 
totally  relinquishes  the  decision,  and  sub- 
mits the  whole  cause  to  the  final  judgment 
of  the  superior  judicatory. — B.  D.  ch.  vii, 
sec.  ii,  par.  iv. 

§  423.  Although  references  may  in  some 
cases,  as  before  stated,  be  highly  proper ; 
yet  it  is,  generally  speaking,  more  con- 
ducive to  the  public  good  that  each  judi- 
catory should  fulfill  its  duty  by  exercising 
its  judgment. — B.  D.  ch.  vii,  sec.  ii,  par.  v. 


CARRYING  UP  CAUSES.  201 

§  424.  Although  a  reference  ought  gen- 
erally to  procure  advice  from  the  superior 
judicatory,  yet  that,  judicatory  is  not  nec- 
essarily hound  to  give  a  final  judgment  in 
the  case,  even  if  requested  to  do  so ;  hut 
may  remit  the  whole  cause,  either  with  or 
without  advice,  back  to  the  judicatory  by 
which  it  was  referred. — B.  D.  ch.  vii,  sec. 
ii,  par.  vi. 

§  425.  In  cases  of  reference,  the  mem- 
bers of  the  inferior  judicatory  making  it 
retain  all  the  privileges  of  deliberating 
and  voting,  in  the  course  of  trial  and  judg- 
ment before  the  superior  judicatory,  which 
they  would  have  had  if  no  reference  had 
been  made. — B.  D.  ch.  vii,  sec.  ii,  par.  vii. 

§  426.  References  are  generally  to  be 
carried  to  the  judicatory  immediately  su- 
perior.— B.  D.  ch.  vii,  sec.  ii,  par.  viii. 

§  427.  In  cases  of  reference,  the  judica- 
tory referring  ought  to  have  all  the  testi- 
mony and  other  documents,  duly  prepared, 


202  MANUAL  OF  LAW  AND  USAGE. 

produced  and  in  perfect  readiness,  so  that 
the  superior  judicatory  may  be  able  to  con- 
sider and  issue  the  case  with  as  little  diffi- 
culty or  delay  as  possible. — B.  D.  ch.  vii, 
sec.  ii,  par.  ix. 

§  428.  In  cases  of  reference,  the  superior 
judicatory  may  take  original  testimony  in 
certain  cases,  where  they  deem  the  testi- 
mony furnished  by  the  referring  court  not 
sufficient  or  defective.— if,  0.  S.G.A.  1853, 
p.  455. 

Principles  or  Rules  Governing  References. 

§  429.  A  complaint  or  appeal  against  a 
reference  of  a  case  is  illegitimate  and  should 
not  be  entertained,  because  it  implies  an 
impeachment  of  the  rightful  jurisdiction 
of  the  court  of  reference,  and  because  the 
exercise  of  a  constitutional  right,  by  the 
reference  of  the  case  being  a  matter  at  the 
entire  discretion  of  the  court  referring,  is 
no  just  ground  of  complaint. — Baird. 

§  430.  No  complaint  or  appeal,  is  valid 


CARRYING  UP  CAUSES.  203 

which  assumes  to  bring  before  the  higher 
court  the  merits  of  a  case  which  has  been 
referred  to  it.  If  reference  effectuates  the 
sending  up  the  case,  it  is  incompetent  in  a 
party  to  supersede  that  action  by  an  at- 
tempt to  take  it  out  of  the  hands  of  the 
referring  court,  and  by  a  conflicting  action 
bear  it  to  the  superior  court. — Ibid. 

§  431.  When  the  inferior  body  has  by 
reference  waived  its  jurisdiction,  the  act 
precludes  any  room  to  suppose  injury  clone 
by  it  in  so  far  as  the  matter  referred  is 
concerned ;  and  it  is  therefore  not  allowa- 
ble that  the  protective  processes  of  appeal 
and  complaint  should  be  perverted  to  the 
overthrow  of  the  prior  and  equally  import- 
ant rights  of  the  inferior  body  in  reference, 
and  in  sitting  with  others  upon  the  case 
referred. — Ibid. 

§  432.  The  only  cases  in  which  an  appeal 
or  complaint  may  come  in  connection  with 
a  reference  is  when  the  inferior  court  has 
come  to  a  decision  of  doubtful  propriety  in 


204  MANUAL  OF  LAW  AND  USAGE. 

connection  with  the  case ;  as,  for  example, 
in  regard  to  the  propriety  of  entertaining 
the  case,  the  competence  of  certain  testi- 
mony, &c. — Ibid. 

§  433.  For  maintaining  the  rights  of  all 
parties  and  the  integrity  of  the  constitu- 
tion inviolate,  it  is  essential  that  all  such 
points  should  he  decided  first  by  a  judicial 
process,  in  which  the  inferior  court  would 
be  excluded;  and  then,  the  inferior  being 
admitted,  the  reference  should  be  taken  up 
and  decided  by  the  concurrent  judgment 
of  the  whole  body.  The  opposite  course 
blots  the  right  of  reference  to  all  practical 
purposes  from  the  book. — Ibid, 

Appeals 

§  434.  An  appeal  is  the  removal  of  a 
cause  already  decided  from  an  inferior  to  a 
superior  judicatory  by  a  party  aggrieved. 
— B.  D.  ch.  vii,  sec.  Hi, par.  i. 

§  435.  All  persons  who  have  submitted 
to  a  regular  trial  in  an  inferior  may  ap- 


CARRYING  UP  CAUSES.  205 

peal  to  a  higher  judic^ory. — B.  D.  ch.  vii, 
sec.  Hi , par.  ii. 

§  436.  Any  irregularity  in  the  proceed- 
ings of  the  inferior  judicatory;  a  refusal 
of  reasonable  indulgence  to  a  party  on  trial; 
declining  to  receive  important  testimony  ; 
hurrying  to  a  decision  before  the  testimony 
is  fully  taken  ;  a  manifestation  of  preju- 
dice in  the  case;  and  mistake  or  injustice 
in  the  decision — are  all  proper  grounds  of 
appeal. — B.  D.  ch.vii,  sec.  Hi,  par.  in. 

§  437.  Appeals  may  be  either  from  a 
part  of  the  proceedings  of  a  judicatory,  or 
from  a  definitive  sentence. — B.  D.  ch.  vii, 
sec.  Hi,  par.  iv. 

§  438.  Every  appellant  is  bound  to  give 
notice  of  his  intention  to  appeal,  and  also 
to  lay  the  reasons  thereof,  in  writing,  be- 
fore the  judicatory  appealed  from,  either 
before  its  rising,  or  within  ten  days  there- 
after. If  this  notice,  or  these  reasons,  be 
not  given  to  the  judicatory  while  in  ses- 


206  MANUAL  OP  LAW  AND  USAGE. 

sion,  they  shall  be  lodged  with  the  mod- 
erator.— B.  D.  ch.  vii,  sec.  Hi, par.  v. 

§  439.  Appeals  are  generally  to  be  car- 
ried in  regular  gradation  from  an  inferior 
judicatory  to  the  one  immediately, superior. 
— B.  D.  ch.  vii,  sec.  Hi,  par.  vi. 

§  440.  The  appellant  shall  lodge  his  ap- 
peal and  the  reasons  of  it  with  the  clerk 
of  the  higher  judicatory  before  the  close 
of  the  second  day  of  the  session. — B.  D. 
ch.  vii,  sec.  Hi,  par.  vii. 

§  441.  In  taking  up  an  appeal,  after  as- 
certaining that  the  appellant  on  his  part 
has  conducted  it  regularly,  the  first  step 
shall  be  to  read  the  sentence  appealed 
from ;  secondly,  to  read  the  reasons  which 
were  assigned  by  the  appellant  for  his  ap- 
peal, and  which  are  on  record;  thirdly,  to 
read  the  whole  record  of  the  proceedings 
of  the  inferior  judicatory  in  the  case,  in- 
cluding all  the  testimony,  and  the  reasons 
of  their  decision  :  fourthly,  to  hear  the  orig- 


CARRYING  UP  CAUSES.  207 

inal  parties;  fifthly,  to  hear  any  of  the 
members  of  the  inferior  judicatory  in  ex- 
planation of  the  grounds  of  their  decision 
or  of  their  dissent  from  it. — B.  D.  ch.  vii, 
sec.  Hi,  par.  viii. 

§  442.  Who  are  the  original  parties. 

(a)  There  may  be  a  responsible  prose- 
cutor and  the  defendant. 

(b)  A  prosecuting  committee  and  de- 
fendant. 

(c)  Upon  etfama  clamosa  case  the  court 
may  itself,  without  prosecutor  or  com- 
mittee, conduct  process  against  the  ac- 
cused. 

(d)  A  subordinate  court,  under  griev- 
ance, may  enter  complaint  against  a 
superior  court. 

(e)  A  minority,  or  others,  may  com- 
plain against  the  action  of  a  court. 

(/)  A  process  may  be  conducted  by 
one  court  against  another. 

(g)  Whatever  aspect  the  case  may  af- 
terwards assume,  at  every  stage  of  its  pro- 
cess to  final  adjudication  before  the  high- 


208  MANUAL  OF  LAW  AND  USAGE. 

est  court,  the  parties  above  specified  are 
the  original  parties  in  the  cases  severally. 

§  443.  After  all  the  parties  shall  have 
been  fully  heard,  and  all  the  information 
gained  by  the  members  of  the  superior  ju- 
dicatory from  those  of  the  inferior  which 
shall  be  deSmed  requisite,  the  original  par- 
ties, and  all  the  members  of  the  inferior 
judicatory,  shall  withdraw,  when  the  clerk 
shall  call  the  roll,  that  every  member  may 
have  an  opportunity  to  express  his  opinion 
on  the  case ;  after  which  the  final  vote  shall 
be  taken. — B.  D.  cli.  vii,  sec.  Hi,  par.  ix. 

§  444.  The  decision  may  be  either  to  con- 
firm or  reverse,  in  whole  or  in  part,  the 
decision  of  the  inferior  judicatory,  or  to 
remit  the  cause,  for  the  purpose  of  amend- 
ing the  record,  should  it  appear  to  be  incor- 
rect or  defective,  or  for  a  new  trial. — B.  D. 
cli.  vii,  sec.  iii,  par.  x. 

§  445.  If  an  appellant,  after  entering  his 
appeal  to  a  superior  judicatory,  fail  to  pros- 


CARRYING  UP  CAUSES.  209 

ecute  it,  it  shall  be  considered  as  abandon- 
ed, and  the  sentence  appealed  from  shall  be 
final.  And  an  appellant  shall  be  consid- 
ered as  abandoning  his  appeal  if  he  do  not 
appear  before  the  judicatory  appealed  to  on 
the  first  or  second  day  of  its  meeting  next 
ensuing  the  date  of  his  notice  of  appeal, 
except  in  cases  in  which  the  appellant  can 
make  it  appear  that  he  was  prevented  from 
seasonably  prosecuting  his  appeal  by  the 
providence  of  God. — B.  D.  ch.  vii,  sec.  Hi, 
par.  xi. 

§  446.  Members  of  judicatories  appealed 
from  cannot  be  allowed  to  vote  in  the  supe- 
rior judicatory  on  any  question  connected 
with  the  appeal. — B.  D.  ch.  vii,  sec.  Hi, 
par.  xii. 

§  447.  If  the  members  of  the  inferior  ju- 
dicatory, in  case  of  a  sentence  appealed 
from,  appear  to  have  acted  according  to  the 
best  of  their  judgment,  and  with  good  in- 
tention, they  incur  no  censure,  although 
their  sentence  may  be  reversed.  Yet  if 
14 


210-  MANUAL  OP  LAW  AND  USAGE. 

they  appear  to  have  acted  irregularly  or 
corruptly,  they  shall  he  censured  as  the 
case  may  require. — B.  D.  ch.  vii,  sec.  Hi, 
par.  xiii. 

§  448.  If  an  appellant  is  found  to  mani- 
fest a  litigious  or  other  unchristian  spirit 
in  the  prosecution  of  his  appeal,  he  shall 
be  censured  according  to  the  degree  of  his 
offence. — B.  D.  ch.  vii,  sec.  Hi,  par.  xiv. 

§  449.  The  necessary  operation  of  an  ap- 
peal is  to  suspend  all  further  proceedings 
on  the  ground  of  the  sentence  appealed 
from.  But  if  a  sentence  of  suspension  or 
excommunication  from  church  privileges, 
or  of  deposition  from  office,  be  the  sentence 
appealed  from,  it  shall  be  considered  as  in 
force  until  the  appeal  shall  be  issued. — 
B.  D.  ch.  vii,  sec.  Hi,  par.  xv. 

§  450.  It  shall  always  be  deemed  the 
duty  of  the  judicatory  whose  judgment  is 
appealed  from  to  send  authentic  copies  of 
all  their  records,  and  of  the  whole  testi- 


CARRYING  UP  CAUSES.  211 

mony  relating  to  the  matter  of  the  appeal. 
And  if  any  judicatory  shall  neglect  its 
duty  in  this  respect,  especially  if  thereby 
an  appellant,  who  has  conducted  with  reg- 
ularity on  his  part,  is  deprived  of  the  privi- 
lege of  having  his  appeal  seasonably  issued, 
such  judicatory  shall  be  censured  according 
to  the  circumstances  of  the  case. — B.  D.  ch. 
viz,  sec.  Hi,  par.  xvi. 

§  451.  An  appeal  shall  in  no  case  be 
entered  except  by  one  of  the  original  par- 
ties.— B.  D.  ch.  vii,  sec.  Hi,  par.  xvii. 

§  452.  Appeals  are  limited  to  judicial 
cases.— 31.  0.  S.  G.A.  1839,  p.  160. 

§  453.  In  case  of  appeal  or  complaint, 
if  the  judicatory  appealed  from  should  fail 
to  send  up  to  the  higher  court  the  records 
of  the  case,  the  case  may  be  postponed  and 
considered  at  the  next  meeting. — M.  0.  S. 
G.  A.  1842,  p.  30  ;  1843,  p.  192  ;  1852,  p. 
'212. 

§  454.  When  a  person  is  suspended  by  a 


212  MANUAL  OF  LAW  AND  USAGE. 

Session  and  restored  by  the  Presbytery, 
the  notice  of  appeal  by  the  Session  contin- 
ues the  person  under  the  suspension  until 
the  appeal  is  issued,  which  must  be  at  the 
next  meeting  of  the  upper  court. — M.  0. 
S.  G.A.  1862,  p.  597. 

Complaints. 

§  455.  Another  method  by  which  a  cause 
which  has  been  decided  by  an  inferior  ju- 
dicatory may  be  carried  before  a  superior 
is  by  complaint. — B.  D.  ch.  vii}  sec.  iv, 
par.  i. 

§  456.  A  complaint  is  a  representation 
made  to  a  superior  by  any  member  or 
members  of  a  minority  of  an  inferior  judi- 
catory, or  by  any  other  person  or  persons, 
respecting  a  decision  by  an  inferior  judica- 
tory, which  in  the  opinion  of  the  com- 
plainants has  been  irregularly  or  unjustly 
made. — B.  D.  ch.  vii,  sec.  iv,  par.  ii. 

§  457.  The  cases  in  which  complaint  is 


CARRYING  UP  CAUSES.  21^ 

proper  and  advisable  are  such,  as  the  fol- 
lowing, viz : 

(a)  The  judgment  of  an  inferior  judica- 
tory may  be  favorable  to  the  only  party 
who  has  been  placed  at  their  bar ;  or 

(b)  The  judgment  in  question  may  do 
no  wrong  to  any  individual ;  or 

(c)  The  party  wTho  is  aggrieved  by  it 
may  decline  the  trouble  of  conducting  an 
appeal.  In  any  of  these  cases  no  appeal 
is  to  be  expected.  And  yet  the  judg- 
ment may  appear  to  some  of  the  mem- 
bers of  the  judicatory  to  be  contrary  to 
the  Constitution  of  the  Church,  injuri- 
ous to  the  interests  of  religion,  and  calcu- 
lated to  degrade  the  character  of  those 
who  have  pronounced  it.  In  such  case 
the  minority  have  not  only  the  right  to 
record  in  the  minutes  of  the  judicatory 
their  dissent  from  this  judgment,  or 
their  protest  against  it,  but  they  have 
also  a  right  to  complain  to  the  superior 
judicatory. — B.  D.  ch.  vii,  sec.  iv,par.  Hi. 

§  458.  Notice  of  a  complaint  shall  always 


214  MANUAL  OF  LAW  AND  USAGE. 

be  given  before  the  rising  of  the  judicatory 
or  within  ten  days  thereafter,  as  in  the  case 
of  an  appeal. — B.  D.  ch.  vii,sec.  iv,par.  iv. 

§  459.  When  notice  of  complaint  is  given 
to  a  judicatory,  reasons  for  such  complaint 
must  be  given  as  in  the  case  of  an  appeal. — 
ill".  0.  £.£.  ^.  1855,  ^.  271,  272. 

§  460.  This  complaint  brings  the  whole 
proceedings  in  the  case  under  the  review  of 
the  superior  judicatory ;  and  if  the  com- 
plaint appear  to  be  well  founded,  it  may 
have  the  effect  not  only  of  drawing  down 
censure  upon  those  who  concurred  in  the 
judgment  complained  of,  but  also  of  re- 
versing that  judgment,  and  placing  mat- 
ters in  the  same  situation  in  which  they 
were  before  the  judgment  was  pronounced. 
— B.  D.  ch.  vii,  sec.  iv,  par.  v. 

§  461.  In  cases  of  complaint,  however, 
as  in  those  of  appeal,  the  reversal  of  a  judg- 
ment of  an  inferior  judicatory  is  not  neces- 
sarily connected  with  censure  on  that  judi- 
catory.— B.  D.  ch.  vii,  sec.  iv,  par.  vi. 


CARRYING  UP  CAUSES.  215 

§  462.  None  of  the  members  of  the  judi- 
catory whose  act  is  complained  of  can  vote 
in  the  superior  judicatory  on  any  question 
connected  with  the  complaint — B.  D.  ch. 
viij  sec.  iv,  par.  vii. 

§  463.  A  complaint  will  not  lie  against 
a  refusal  of  a  judicatory  to  decide  a  consti- 
tutional question  in  thesi. — 31.  0.  S.  G.A. 
1844,^.366. 

§  464.  Advice  given  by  a  judicatory  is 
not  a  subject-matter  of  complaint  or  re- 
moval of  the  case  to  a  higher  court. — M. 
N.S.  G.A.  1852, p.  166. 

§  465.  Where  a  court  only  expresses  an 
opinion,  without  passing  a  judgment,  this 
is  no  ground  for  complaint. — 31.  0.  S.  G. 
A.  1864,  p.  312. 

§  466.  The  following  is  the  mode  of  issu- 
ing a  complaint,  viz : 

(a)  Read  the  action  complained  of. 

(b)  The  reasons  of  the  complaint. 

(c)  The  doings  of  the  lower  court  in 


216  MANUAL  OF  LAW  AND  USAGE. 

the  case,  including  all  the  testimony  on 
which  their  action  was  based. 

(d)  Hear  the  original  parties — first  the 
complainant  and  then  the  defendant. 

(e)  Hear  any  of  the  members  of  the 
inferior  court  in  explanation  of  the 
grounds  of  their  decision  or  dissent 
from   it. 

(f)  Exclude  the  original  parties  and 
the  members  of  the  court  complained 
against:  deliberate  and  decide. 

§  467.  The  moderator  of  a  superior  court, 
being  a  member  of  the  inferior  court,  may 
not  preside  when  a  judicial  case  is  being 
heard  to  which  his  court  is  a  party. 

§  468.  A  memorial  or  petition  cannot 
bring  a  case  before  a  superior  judicatory 
for  judicial  hearing. — 31.  G.  A.  1807,  p. 
393;  1808,  p.  408. 

§  469.  A  judicial  case,  when  once  adju- 
dicated, cannot  be  revived  on  a  simple  me- 
morial, as  this  course  would  give  rise  to 
endless  litigation.— If.  0.  S.  G.A.  1858, 
p.  298. 


MODERATOR  AND  STATED  CLERK.         217 

CHAPTER  XXIV. 

PARLIAMENTARY  RULES. 
PART  I. 

Moderator  and  Stated  Clerk,  duties  of. 

§  470.  The  General  Assembly  have 
adopted  certain  rules  for  their  guidance, 
which  necessarily  form  the  basis  of  the 
following  parliamentary  rules  in  reference 
to  all  points  to  which  they  relate. 

§471.  While  the  rules  of  the  General 
Assembly  make  no  part  of  the  Constitution 
of  the  Presbyterian  Church,  they  have  been 
generally  adopted  by  the  subordinate  ju- 
dicatories for  their  guidance. 

§  472.  The  moderator  shall  take  the 
chair  precisely  at  the  hour  to  which  the 
judicatory  stands  adjourned,  and  shall  im- 
mediately call  the  members  to  order,  and 
on  the  appearance  of  a  quorum,  shall  open 
the  session  with  prayer. — G.  A.  Rule  1. 


218  MANUAL  OP  LAW  AND  USAGE. 

§  473.  If  a  quorum  be  assembled  at  the 
hour  appointed,  and  the  moderator  be  ab- 
sent, the  last  moderator  present,  or  if  there 
be  none  the  senior  member  present,  shall 
be  requested  to  take  his  place,  without  de- 
lay, until  a  new  election. — G.  A.  Rule  2. 

§  474.  No  business  can  be  entered  upon 
in  the  absence  of  a  quorum;  and  if  at  any 
time,  in  the  course  of  the  proceedings,  no- 
tice is  taken  that  a  quorum  is  not  present, 
and  upon  the  members  being  counted  by 
the  moderator  such  appears  to  be  the 
fact,  the  judicatory  must  cease  to  transact 
business  until  a  quorum  appears. 

§  475.  If  a  quorum  be  not  assembled  at 
the  hour  appointed  for  the  meeting,  any 
two  members  shall  be  competent  to  adjourn 
from  time  to  time,  that  an  opportunity  may 
be  given  for  a  quorum  to  assemble. — G.  A. 
Rule  3. 

Adjourned  Meeting. 

§476.  When  a  judicatory  has  business 
before  them  which  cannot  reasonably  be 


THE  MODERATOR.  219 

transacted  at  the  time  of  the  meeting,  they 
may  hold  an  " adjourned  meeting."  A 
member  moves  that,  ''When  we  adjourn, 

we  adjourn  to  meet  in on  the , 

at —  o'clock."  In  an  adjourned  meeting 
any  business  may  be  transacted  that  might 
have  been  legally  considered  in  the  original 
meeting. 

§  477.  The  necessary  officers  of  a  judi- 
catory are  a  moderator,  stated  clerk,  and 
in  the  larger  judicatories  a  permanent 
clerk,  and  temporary  clerk  or  clerks :  all  of 
whom,  except  the  moderator  of  the  Session, 
are  elected  by  the  body  itself,  by  a  major- 
ity vote. 

The  Moderator. 

§  478.  The  principal  duties  of  this  officer 
are  as  follows : 

(a)  To  open  the  session  at  the  time 
to  which  the  judicatory  is  adjourned,  by 
taking  the  chair  and  calling  the  mem- 
bers to  order ; 

(b)  To   receive   and   submit, .  in   the 


220  MANUAL  OF  LAW  AND  USAGE. 

proper  manner,  all  motions  and  propo- 
sitions presented  by  the  members  ; 

(c)  To  put  to  vote  all  questions  which 
are  regularly  moved  or  necessarily  arise 
in  the  course  of  the  proceedings,  and  to 
announce  the  result ; 

(d)  To  restrain  the  members  when 
engaged  in  debate  within  the  rules  oi 
order,  by  preventing  the  members  from 
interrupting  each  other,  and  by  requir- 
ing them  in  speaking  always  to  address 
the  chair ; 

(e)  To  prevent  a  speaker  from  deviat- 
ing from  the  subject  and  from  using 
personal  reflections ; 

(/)  To  receive  all  messages  and  other 
communications  and  announce  them  to 
the  judicatory ; 

(g)  To  authenticate  by  his  signature, 
when  necessary,  all  acts,  orders,  and 
proceedings  of  the  body; 

(h)  To  inform  the  judicatory,  when 
necessary,  or  referred  to  for  the  purpose, 
in  a  point  of  order  or  practice ; 

(i)  To  keep  notes  of  the  several  ar- 


THE  MODERATOR.  221 

tides  of  business  which  may  be  assigned 
for  particular  days,  and  to  call  them  up 
at  the  time  appointed. — G.  A.  Rule  5. 

(k)  He  may  speak  to  points  of  order 
in  preference  to  other  members,  rising 
from  his  seat  for  that  purpose ;  and  shall 
decide  questions  of  order,  subject  to-  an 
appeal  to  the  judicatory  by  any  two 
members. — G.  A.  Rule  6. 

(I)  He  shall  appoint  all  committees, 
except  in  those  cases  in  which  the  judi- 
catory shall  decide  otherwise.  —  G.  A. 
Rule  7. 

(m)  When  a  vote  is  taken  by  ballot  in 
any  judicatory,  the  moderator  shall  vote 
with  the  other  members ;  but  he  shall 
not  vote  in  any  other  case  unless  the 
judicatory  be  equally  divided ;  when,  if 
he  do  not  choose  to  vote,  the  question 
shall  be  lost. — G.  A.  Rule  8. 

§  479.  The  moderator  has  the  right  to 
name  a  member  to  perform  the  duties  of  the 
chair  temporarily,  but  such  substitution 
shall  not  extend  beyond  an  adjournment. 


222  MANUAL  OF  LAW  AND  USAGE. 

§  480.  The  moderator  may  read  sitting, 
but  should  rise  to  state  a  motion  or  put 
a  question  to  the  judicatory. 

The  Stated  Clerk. 
§  481.  It  shall  be  the  duty  of  the  clerk, 
as  soon  as  possible  after  the  commencement 
of  the  sessions  of  every  judicatory,  to  form 
a  complete  roll  of  the  members  present, 
and  put  the  same  into  the  hands  of  the 
moderator.  And  it  shall  also  be  the  duty  of 
the  clerk,  whenever  any  additional  mem- 
bers take  their  seats,  to  add  their  names 
in  their  proper  places  to  the  said  roll.  —  G. 
A.  Rule  10. 

§  482.  It  shall  be  the  duty  of  the  clerk 
immediately  to  file  all  papers  in  the  order 
in  which  they  have  been  read,  with  proper 
indorsements,  and  to  keep  them  in  perfect 
order. — G.  A.  Bute  11. 

§  483.  He  must  enter  on  the  minutes 
what  is  done  and  passed,  but  not  what  is 
merely  proposed  or  moved,  without  coming 
'to  a  vote. 


THE  STATED  CLERK.  223 

§  484.  It  is  the  duty  of  the  clerk  to  read 
all  papers,  &c,  which  maybe  ordered  to 
be  read:  to  call  the  roll  and  to  take  note 
of  those  who  are  absent ;  to  call  the  roll 
and  note  the  answers  of  the  members  when 
a  question  is  taken  by  yeas  and  nays ;  to 
notify  committees  of  their  appointment  and 
of  the  business  referred  to  them ;  and  to 
authenticate  by  his  signature,  sometimes 
alone  and  sometimes  in  conjunction  with 
the  moderator,  all  the  acts,  orders,  and 
proceedings  of  the  judicatory. 

§  485.  The  clerk  is  also  charged  with  the 
custody  of  all  the  papers  and  documents  of 
every  description  belonging  to 'the  judica- 
tory, as  well  as  the  journal  of  its  proceed- 
ings. 

§  486.  It  is  the  duty  of  the  clerk  to  grant 
extracts  from  the  records  when  directed  so 
to  do  by  the  judicatory ;  and  such  extracts 
shall  be  considered  authentic  vouchers  of 
the  facts  which  they  declare,  in  any  eccle- 
siastical judicatory  and  to  every  part  of 
the  Church. 


224  MANUAL  OF  LAW  AND  USAGE. 

§  487.  When  the  stated  clerk  is  absent, 
his  place  must  be  supplied  by  the  election 
of  some  one  to  act  pro  tempore. 

§  488.  The  clerk  must  stand  while  read- 
ing or  calling  the  judicatory. 

§  489.  It  is  the  duty  of  the  stated  clerk 
of  every  church  judicatory  to  prepare  a 
docket  of  business  at  each  session  or  meet- 
ing of  the  body,  and  place  it  in  the  hands 
of  the  moderator,  which  should  be  as  far 
as  practicable  the  guide  of  the  presiding 
officer  for  the  expedition  of  business. — (See 
Appendix  E  for  Form  of  Docket.) 


PART  II. 

Introduction  of  Business. 

§  490.  When  the  hour  for  the  stated 
meeting  of  a  judicatory,  above  the  Session, 
arrives,  the  moderator  shall  commence 
religious  services  and  preach  a  sermon ; 
and  when  the  religious  services  are  over, 


INTRODUCTION  OF  BUSINESS.  225 

the  moderator  shall  call  the  judicatory  to 
order,  and  open  with  prayer. 

§  491.  After  which  the  stated  clerk  shall 
call  the  roll,  and  mark  those  who  are  pres- 
ent and  those  who  are  absent. 

§  492.  The  next  business  in  order  shall 
be  to  elect  a  moderator,  and,  if  necessary, 
temporary  clerks. 

§  493.  The  minutes  of  the  last  meeting 
of  the  judicatory  shall  be  presented  at  the 
commencement  of  its  sessions,  and  if  req- 
uisite read  and  corrected. — G.  A.  Rule  12. 

§  494.  "Where  the  minutes  are  published, 
as  is  the  case  in  our  larger  judicatories, 
it  saves  time  and  expedites  business  to  cir- 
culate copies  of  them  among  the  members, 
or  refer  them  to  a  committee.  An  error  dis- 
covered may  be  reported  and  corrected. 

§  495.  Business  unfinished  at  the  last 
sitting  is  ordinarily  to  be  taken  up  first.— 
G.  A.  Rule  13. 

15 


226  MANUAL  OF  LAW  AND  USAGE. 

Of  Motions. 

§  496.  A  motion  made  must  be  seconded, 
and  afterwards  repeated  by  the  moderator 
or  read  aloud,  before  it  is  debated;  and 
every  motion  shall  be  reduced  to  writing, 
if  the  moderator  or  any  member  require 
it.—G.  A.  Rule  14. 

§  497.  A  member,  in  order  to  make  any 
motion,  must  first  obtain  the  floor.  In 
order  to  this  he  must  rise  and  address  the 
moderator;  on  hearing  himself  thus  ad- 
dressed, the  moderator  calls  to  the  mem- 
ber by  name;  and  the  member  may  then, 
and  not  before,  proceed  with  his  business. 

§  498.  If  a  motion  is  not  seconded,  no 
notice  whatever  is  to  be  taken  of  it  by  the 
moderator,  and  no  remarks  are  to  be  made 
upon  it. 

§  499.  If  more  than  one  member  rise  to 
speak  at  the  same  time,  the  member  who 
is  most  distant  from  the  moderator's  chair 
shall  speak  first. — G.  A.  Rule  29. 


PETITIONS  OR  MEMORIALS.  22 7 

§  500.  Any  member  who  shall  have  made 
a  motion  shall  have  liberty  to  withdraw 
it,  with  the  consent  of  his  second,  before 
any  debate  has  taken  place  thereon ;  but 
not  afterwards,  without  the  leave  of  the 
judicatory. — G.  A.  Rule  15. 

Petitions  or  Memorials. 

§  501.  A  petition  prays  something :  a  re- 
monstrance has  no  prayer.  Petitions  must 
be  subscribed  by  the  petitioners.  Petitions 
can  only  be  introduced  by  the  moderator 
or  some  member  of  the  judicatory. 

§502.  A  brief  statement  of  the  contents 
of  the  petition  or  memorial  should  be  made 
by  the  introducer. 

§  503.  Regularly,  a  motion  for  receiving 
it  must  be  made  and  seconded,  and  a  ques- 
tion put  whether  it  shall  be  received. 
But  it  may  be  received  without  the  formal- 
ity of  a  vote  by  general  consent.  When 
received,  it  is  in  the  possession  of  the  judi- 
catory, to  do  as  they  will  with  it. 


228  MANUAL  OP  LAW  AND  USAGE. 

Order  of  Debate. 

§  504.  When  a  member  means  to  speak, 
he  must  rise  and  address  himself  to  the 
moderator,  who  calls  him  by  name,  that 
the  judicatory  may  take  notice  who  it  is 
that  speaks,  and  he  shall  confine  himself 
to  the  question  and  avoid  personality. 

§  505.  No  member  can  speak  more  than 
twice  on  any  question.  But  he  may  be  per- 
mitted to  speak  again  to  clear  a  matter  of 
fact,  or  merely  to  explain  himself  in  some 
material  part  of  his  speech. 

§  506.  Motions  to  lay  on  the  table,  to 
take  up  business,  to  adjourn,  and  the  call 
for  the  previous  question,  shall  be  put  with- 
out debate.  On  questions  of  order,  post- 
ponement, or  commitment,  no  member 
shall  speak  more  than  once.  On  all  other 
questions  each  member  may  speak  twice, 
but  not  oftener,  without  express  leave  of 
the  judicatory — G.  A.  Rule  18. 

♦ 

§  507.  A  member,  having  spoken  twice 


ORDER  OF  DEBATE.  229 

on  the  main  question,  may  speak  again  on 
any  amendment  of  the  question. 


§  508.  On  questions  of  order,  postpone- 
ent,  or  commitment 
speak  more  than  once. 


ment,  or  commitment,  no  member  shall 


§  509.  When  a  question  of  order  is  rais- 
ed, it  is  decided  by  the  moderator  without 
any  previous  debate.  If  the  decision  of  the 
moderator  is  not  satisfactory,  any  two  mem- 
bers may  appeal  from  the  decision.  The 
question  is  then  stated  by  the  moderator 
on  the  appeal,  viz  :  "Shall  the  decision  of 
the  moderator  stand  as  the  decision  of  the 
judicatory?"  and  it  is  thereupon  debated 
and  decided  by  the  judicatory  in  the  same 
manner  as  any  other  question,  except  that 
the  moderator  is  allowed  to  take  part  in  the 
•debate. — Cushing,  and  G.  A.  Bale  6. 

§  510.  But  when  the  body  has  under  con- 
sideration a  judicial  case,  the  question  on 
appeal  shall  be  taken  without  debate. — B. 
D.  ch.  iv,  par.  xxii. 


230  MANUAL  OF  LAW  AND  USAGE.     , 

§  511.  When  a  member  considers  himself 
aggrieved  by  a  decision  of  the  moderator 
and  appeals,  the  question  in  this  case  must 
be  taken  without  debate. — G.  A.  Rule  36. 

§  512.  When  the  moderator  has  com- 
menced taking  the  vote,  no  further  debate 
or  remark  shall  be  admitted,  unless  there 
has  evidently  been  a  mistake,  in  which 
case  the  mistake  shall  be  rectified,  and  the 
moderator  shall  recommence  taking  the 
vote.—  G.  A.  Rule  26. 

§  513.  A  question  of  order  arising  while 
taking  a  vote  as  to  the  right  or  the  duty  of 
a  member  to  vote,  &c,  the  moderator  must 
decide  it  peremptorily,  subject  to  the  revis- 
ion and  correction  of  the  house  afterward, 
if  irregular. — Jefferson. 


PART  III. 

Rights  and  Duties  of  Members  of  Courts. 

§  514.  Every  member  of  a  judicatory, 
whether  minister  or  elder,  however  hum- 


DUTIES  OF  MEMBERS.  231 

ble  he  may  be,  has  the  same  right  with 
every  other  to  submit  his  propositions  to 
the  body,  to  explain  and  recommend  them 
in  discussion,  and  to  have  them  examined 
and  deliberately  decided  upon. 

§  515.  No  speaker  shall  be  interrupted 
unless  he  be  out  of  order,  or  for  the  pur- 
pose of  correcting  mistakes  or  misrepre- 
sentations.— G.  A.  Hule32. 

§  516.  If  any  member  consider  himself 
aggrieved  by  a  decision  of  the  moderator, 
it  shall  be  his  privilege  to  appeal  to  the 
judicatory,  and  the  question  on  the  appeal 
shall  be  taken  without  debate. — G.  A.  Rule 
36. 

Note. — This  rule  has  reference  to  a  decision  which 
affects  the  rights  or  privileges  of  a  member,  and  not  to 
a  decision  on  questions  of  order. — (See  \  509.) 

Duties  of  Members. 

§  517.  Members  ought  not,  without 
weighty  reasons,  to  decline  voting,  as  this 
practice  might  leave  the  decision  of  very 
interesting  questions  to  a  small  proportion 


232  MANUAL  OF  LAW  AND  USAGE. 

of  the  judicatory.  Silent  members,  unless 
excused  from  voting,  must  be  considered 
as  acquiescing  with  the  majority. — G.  A. 
Bide  25. 

§  518.  No-  member,  in  the  course  of  de- 
bate, shall  be  allowed  to  indulge  in  per- 
sonal reflections. — G.  A.  Rule  28. 

§  519.  Every  member,  when  speaking, 
shall  address  himself  to  the  moderator, 
and  shall  treat  his  fellow  members,  and 
especially  the  moderator,  with  decorum 
and  respect. — G.  A.  Rule  31. 

§  520.  Without  express  permission,  no 
member  of  a  judicatory,  while  business  is 
going  on,  shall  engage  in  private  conver- 
sation ;  nor  shall  members  address  one 
another,  nor  any  person  present,  but 
through  the  moderator. — G.  A.  Rule  33. 

§  521.  It  is  indispensable  that  members 
of  ecclesiastical  judicatories  maintain  great 
gravity  and  dignity  while  judicially  con- 
vened; that  they  attend  closely  in  their 


DUTIES  OF  MEMBERS.  233 

speeches  to  the  subject  under  consideration, 
and  avoid  prolix  and  desultory  harangues ; 
and  when  they  deviate  from  the  subject,  it 
is  the  privilege  of  any  member,  and  the 
duty  of  the  moderator,  to  call  them  to  or- 
der.— G.  A.  Rule  34. 

§  522.  If  any  member  act,  in  any  re- 
spect, in  a  disorderly  manner,  it  shall  be 
the  privilege  of  any  member,  and  the  duty 
of  the  moderator,  to  call  him  to  order. — 
G.A.  Rule  35. 

§  523.  The  consequences  of  a  measure 
may  be  reprobated  in  strong  terms,  but  to 
arraign  the  motives  of  those  who  propose 
or  advocate  it  is  a  personality  and  against 
order. 

§  524.  When  more  than  three  members 
of  the  judicatory  shall  be  standing  at  the 
same  time,  the  moderator  shall  require  all 
to  take  their  seats,  the  person  only  excepted 
who  may  be  speaking. — G.  A.  Rule  30. 

§  525.  No  member  shall  retire  from  any 


234  MANUAL  OF  LAW  AND  USAGE. 

judicatory  without  the  leave  of  the  mod- 
erator, nor  withdraw  from  it  to  return 
home  without  the  consent  of  the  judica- 
tory.— G.  A.  Rule  37. 

Committees. 

§  526.  The  moderator  shall  appoint  all 
committees,  except  in  those  cases  in  which 
the  judicatory  shall  decide  otherwise. — G. 
A.  Rule  7. 

§  527.  The  person  first  named  on  any 
committee  shall  be  considered  as  the  chair- 
man thereof,  whose  duty  it  shall  he  to  con- 
vene the  committee;  and,  in  case  of  his 
absence  or  inability  to  act,  the  second 
named  member  shall  take  his  place  and 
perform  his  duties. — G.A.  Rule  9. 

§  528.  The  standing  committees  are 
usually  announced  by  the  moderator  early 
in  the  second  session,  to  continue  through 
the  sessions. 

§  529.  It  is  sometimes  necessary  to  ap- 
point a  special   committee  for  a  specific 


COMMITTEES.  235 

purpose,  and  the  judicatory  may  desire  to 
select  the  committee.  In  this  case  the 
committee  shall  be  selected  by  nomination 
and  vote ;  the  names  of  the  members  pro- 
posed are  put  to  the  question  singly,  and 
approved  or  rejected  by  the  judicatory  by 
a  vote  in  the  usual  manner. 

§  530.  The  ruling  elders  must  be  repre- 
sented in  all  committees. 

§  531.  It  is  a  general  rule  in  legisla- 
tive bodies,  when  a  bill  is  to  be  referred, 
that  none  who  speak  directly  against  the 
body  of  it  are  to  be  of  the  committee,  for 
the  reason  that  he  who  would  totally  de- 
stroy will  not  amend;  but  that,  for  the 
opposite  reason,  those  who  only  take  ex- 
ceptions to  some  particulars  in  the  bill  are 
to  be  of  the  committee.  This  rule  supposes 
the  purpose  of  the  commitment  to  be,  not 
the  consideration  of  the  general  merits  of 
the  bill,  but  the  amendment  of  it  in  its  par- 
ticular provisions,  so  as  to  make  it  accept- 
able to  the  assembly. 


230  MANUAL  OF  LAW  AND  USAGE. 

§  532.  It  is  usual  in  all  deliberative  as- 
semblies to  constitute  the  committee  so  that 
a  majority  are  favorable  to  the  measure  pro- 
posed, the  mover  of  the  measure  being,  of 
course,  put  upon  the  committee,  and  usu- 
ally as  chairman. 

§  533.  A  committee  can  only  act  when 
regularly  assembled  together,  and  not  by 
separate  consultation  and  consent  of  the 
members. 

§  534.  A  minority  of  a  committee  may 
not  agree  with  the  majority,  and  they  may 
present  their  views  and  conclusions  in  what 
is  called  a  "minority  report." 

§  535.  A  minority  report  is  not  recog- 
nized as  a  report  of  the  committee,  or  acted 
upon  as  such  ;  it  is  received  by  courtesy, 
and  allowed  to  accompany  the  report,  as 
representing  the  opinions  of  the  minority, 
and  in  order  to  its  being  adopted  by  the 
assembly  it  must  be  moved  as  an  amend- 
ment to  the  report,  when  that  comes  to  be 
considered. 


INTERLOCUTORY  MEETINGS.  237 

§  536.  A  committee  is  not  at  liberty  to 
sit  when  the  judicatory  is  in  session,  with- 
out permission  from  the  judicatory. 

§  537.  If  the  report  of  a  committee  con- 
tain merely  a  statement  of  facts,  reasoning, 
or  opinion,  the  only  motion  necessary  is  to 
accept;  but  if  it  contain  recommendations 
or  resolutions,  it  is  necessary  to  accept  and 
adopt. 

Interlocutory  Meetings. 

§  538.  Besides  the  right  to  sit  judicially 
in  private  whenever  they  think  proper  to 
do  so,  all  judicatories  have  a  right  to  hold 
what  are  commonly  called  "interlocutory 
meetings,"  in  which  members  may  freely 
converse  together,  without  the  formalities 
which  are  usually  necessary  in  judicial  pro- 
ceedings.— G.  A.  Rule  39. 

§  539.  In  order  to  enter  upon  an  inter- 
locutory meeting,  it  is  necessary  to  make  a 
motion  for  that  purpose,  which  being  car- 
ried in  the  affirmative,  the  subject  for  con- 


238  MANUAL  OF  LAW  AND  USAGE. 

sideration  is  freely  discussed  without  any 
formality. 

§  540.  An  interlocutory  meeting  differs 
from  a  committee  of  the  whole,  in  that  the 
moderator  may  retain  the  chair,  and  no  re- 
port of  the  proceedings  is  made  to  the  judi- 
catory in  regular  session. 

§541.  No  note  is  to  be  taken  by  the 
clerk  of  the  proceedings  of  an  interlocu- 
tory meeting,  as  no  business  which  prop- 
erly belongs  to  the  judicatory  can  be  put 
in  such  meeting  on  its  final  passage. 

§  542.  When  an  interlocutory  meeting 
have  gone  through  with  the  matter  under 
consideration,  a  member  moves  that  the 
meeting  rise,  which  being  resolved,  the  ju- 
dicatory resumes  business  in  the  ordinary 
manner. 

§  543.  All  judicatories  have  the  right  to 
sit  in  private  on  business  which  in  their 
judgment  ought  not  to  be  matter  of  public 
speculation. — G.  A.  Bute  38. 


PRIVILEGED  QUESTIONS.  239 

PART  IV. 

Privileged  Questions. 

§  544.  It  is  a  general  rule,  that  the  ques- 
tion first  moved  and  seconded  shall  be  first 
put.  But  this  rule  gives  way  to  what  may- 
be called  privileged  questions,  and  the 
privileged  questions  are  of  different  grades 
among  themselves. 

§  545.  The  privileged  questions  are,  mo- 
tions to  adjourn,  for  orders  of  the  day,  for 
the  previous  question,  to  lay  on  the  table,  to 
postpone,  to  commit,  and  to  amend. 

§  546.  When  a  question  is  under  debate, 
no  motion  shall  be  received,  unless  to  ad- 
journ, to  lay  on  the  table,  to  postpone  in- 
definitely, to  postpone  to  a  day  certain,  to 
commit,  or  to  amend ;  which  several  mo- 
tions shall  have  precedence  in  the  order  in 
which  they  are  here  arranged,  and  the  mo- 
tion for  adjournment  shall  always  be  in 
order. — G.  A.  Rule  19. 


240  MANUAL  OF  LAW  AND  USAGE. 

Filling  Blanks. 

§  547.  It  often  happens  that  a  proposition 
is  introduced  with  blanks,  purposely  left  by 
the  mover  or  the  committee  reporting,  to  be 
filled  by  the  judicatory. 

§  548.  When  various  motions  are  made 
with  respect  to  the  filling  of  blanks,  with 
particular  numbers  or  times,  the  question 
shall  always  be  first  taken  on  the  highest 
number  and' the  longest  time. — G.A.  Rule 
17. 

§  549.  Propositions  to  fill  blanks  either 
with  numbers  or  times  are  not  considered 
as  amendments,  but  as  original  motions,  to 
be  made  and  decided  before  the  principal 
question. 

Division  of  a  Question. 

§  550.  When  a  proposition  or  motion  is 
composed  of  two  or  more  parts,  susceptible 
of  division  into  several  questions,  and  it  is 
supposed  that  the  judicatory  may  approve 


MOTION  TO  ADJOURN.  241 

of  some  but  not  of  all  these  parts,  it  is 
proper  to  divide  the  motion  or  report  into 
separate  questions,  to  be  voted  upon  sep- 
arately. 

§  551.  If  a  motion  under  debate  contain 
several  parts,  any  two  members  may  have 
it  divided,  and  a  question  taken  on  each 
part. — G.  A.  Rule  16. 

§552.  A  proposition,  in  order  to  be  di- 
visible, must  comprehend  points  so  distinct 
and  entire,  that  if  one  or  more  of  them  be 
taken  away,  the  others  may  stand  entire 
and  by  themselves. 

Motion  to  Adjourn. 

§  553.  A  motion  to  adjourn  simply  takes 
precedence  of  all  others ;  for  otherwise  the 
judicatory  might  be  kept  sitting  against  its 
will,  and  indefinitely. 

§  554.  It  is  said  that  a  motion  to  adjourn 

is  always  in  order,  but  this  is  not  strictly 

true,  for —  , 

(a)  The  motion  to  adjourn  being  neg- 

16 


242  MANUAL  OF  LAW  AND  USAGE. 

atived,  it  cannot  be  moved  again  until 
some  other  business  is  proposed  or  trans- 
acted. The  reason  of  this  is,  that  until 
some  other  proceeding  has  intervened, 
the  question  already  decided  is  the  same 
as  that  newly  moved. 

(b) .  It  cannot  be  received  after  another 
question  is  actually  put,  and  while  the 
judicatory  is  engaged  in  voting;  because 
no  member  can  obtain  the  floor  to  make 
any  motion  while  a  vote  is  being  taken. 

§  555.  The  motion  to  adjourn  does  not 
admit  of  any  amendment,  by  the  addition 
of  a  particular  day  or  in  any  other  man- 
ner. 

§  556.  A  motion  to  adjourn  is  merely 
"that  we  do  now  adjourn;"  and  if  it  is 
carried  in  the  affirmative  the  judicatory  is 
adjourned  to  the  next  sitting  day,  unless 
it  has  previously  come  to  a  resolution  that 
on  rising  it  will  adjourn  to  a  particular 
day ;  in  which  case  it  is  adjourned  to  that 
day. 


ORDERS  OF  THE  DAY.  243 

Orders  of  the  Day. 

§  557.  Orders  of  the  day  take  the  place 
of  all  other  questions,  except  for  adjourn- 
ment; that  is  to  say,  the  question  which 
is  the  suhject  of  an  order  is  made  a  privi- 
leged one,  pro  hac  vice.  The  order  is  a  re- 
peal of  the  general  rule  as  to  this  special 
case.  When  any  member  moves,  therefore, 
for  the  orders  of  the  day  to  be  read,  no  fur- 
ther debate  is  permitted  on  the  question 
which  was  before  the  house ;  for  if  the  de- 
bate might  proceed,  it  might  continue 
through  the  day,  and  defeat  the  order. 
This  motion,  to  entitle  it  to  precedence, 
must  be  for  the  orders  generally,  and  not 
for  any  particular  one ;  and  if  it  be  carried 
on  the  question  "  Whether  the  house  will 
now  proceed  to  the  orders  of  the  day?" 
they  must  be  read  and  proceeded  on  in  the 
course  in  which  they  stand.  For  priority 
of  order  gives  priority  of  right,  which  can- 
not be  taken  away  but  by  another  special 
order. 

§  558.  If  the  consideration  of  a  subject  is 


244  MANUAL  OF  LAW  AND  USAGE. 

assigned  for  a  particular  hour  on  the  day 
named,  a  motion  to  proceed  to  it  is  not  a 
privileged  motion  until  the  hour  has  ar- 
rived; hut  if  no  hour  is  fixed,  the  order  is 
for  the  entire  day  and  every  part  of  it. 

$  559.  Orders  of  the  day,  unless  proceed- 
ed in  and  disposed  of  on  the  day  assigned, 
fall,  of  course,  and  must  be  renewed  for 
some  other  day. 

The  Previous  Question. 

§  560.  The  original  parliamentary  use  of 
the  previous  question  was  the  suppression 
of  a  main  question ;  hut  in  this  country  it 
is  used  for  the  suppression  of  debate. 

§  561.  When  any  question  is  before  the 
judicatory,  any  member  may  move  the  pre- 
vious question.  If  it  pass  in  the  affirmative, 
then  the  main  question  is  to  be  put  imme- 
diately, and  no  man  may  speak  any  further 
to  it,  either  to  add  or  alter. 

§  562.  The  previous  question  shall  be 
put  in  this  form,  namely :  ' '  Shall  the  main 


TO  LAY  ON  THE  TABLE.  245 

question  be  now  put?  "  It  shall  only  be  ad- 
mitted when  demanded  by  a  majority  of 
the  members  present ;  and  the  effect  shall 
be  to  put  an  end  to  all  debate,  and  bring 
the  body  to  a  direct  vote :  First,  on  a  mo- 
tion to  commit  the  subject  under  consider- 
ation, (if  such  motion  shall  have  been 
made;)  Secondly,  if  the  motion  for  com- 
mitment does  not  prevail,  on  pending 
amendments ;  and  lastly,  on  the  main  ques- 
tion.—£.  A.  Rule  22. 

§  563.  The  operation  of  a  negative  decis- 
ion is  different  in  different  assemblies  ;  in 
some,  as  for  example  in  the  House  of  Rep- 
resentatives of  Congress,  it  operates  to  dis- 
pose of  the  main  question,  by  removing  it 
from  before  the  House  for  that  day  ;  but  in 
our  judicatories  the  effect  is  to  leave  the 
main  question  under  debate  for  the  residue 
of  the  sitting,  unless  sooner  disposed  of,  by 
taking  the  question,  or  in  some  other  way. 

To  Lay  on  the  Table. 
§  564.  A  distinction  shall  be  observed 


246  MANUAL  OP  LAW  AND  USAGE. 

between  a  motion  to  lay  on  the  table  for 
the  present  and  a  motion  to  lay  on  the 
table  unconditionally,  viz :  a  motion  to  lay 
on  the  table  for  the  present  shall  be  taken 
without  debate,  and  if  carried  in  the  affir- 
mative the  effect  shall  be  to  place  the  sub- 
ject on  the  docket,  and  it  may  be  taken  up 
and  considered  at  any  subsequent  time. 
But  a  motion  to  lay  on  the  table  uncondi- 
tionally shall  be  taken  without  debate  ; 
and  if  carried  in  the  affirmative,  it  shall 
not  be  in  order  to  take  up  the  subject  dur- 
ing the  same  meeting  of  the  judicatory 
without  a  vote  of  reconsideration. — G.  A. 

Rule  21. 

i 

§  565.  Any  subject  laid  on  the  table/or 
the  present  may  afterward  be  taken  up  for 
consideration  by  a  majority  vote. 

§  566.  When  the  motion  to  lay  on  the 
table  prevails,  the  principal  motion  under 
consideration,  together  with  all  the  other 
motions  connected  with  it,  is  removed  from 
before  the  judicatory. 


TO  POSTPONE.  247 

§  567.  If  decided  in  the  negative,  the 
business  proceeds  in  the  same  manner  as  if 
the  motion  had  not  been  made. 


To  Postpone. 

§  568.  The  motion  to  postpone  is  either 
indefinite  or  to  a  day  certain,  and  in  both 
these  forms  is  susceptible  of  amendment. 

§  569.  A  motion  for  indefinite  postpone- 
ment may  be  amended  to  a  day  certain. 

§  570.  A  motion  for  a  postponement  to  a 
day  certain  may  be  amended  by  the  sub- 
stitution Of  a  different  day. 

§  571.  Amendment  and  postponement 
competing,  postponement  is  first  put.  The 
reason  is,  that  the  question  for  amendment 
is  not  suppressed  by  postponing  the  main 
question,  but  remains  before  the  house 
whenever  the  main  question  is  resumed. 

§  572.  A  subject  which  has  been  indefi- 
nitely postponed,  either  by  the  operation 


248  MANUAL  OF  LAW  AND  USAGE. 

of  tlie  previous  question  or  by  a  motion  for 
indefinite  postponement,  shall  not  be  again 
called  up  during  the  same  sessions  of  the 
judicatory,  unless  by  the  consent  of  three- 
fourths  of  the  members  who  were  present 
at  the  decision. — G.  A.  Bute  24. 

To  Commit. 

§  573.  A  motion. to  commit  or  recommit 
may  be  amended,  as  by  adding,  for  exam- 
ple, "with  instructions,"  &c. 

§  574.  If  there  is  a  standing  committee 
of  the  judicatory  whose  functions  embrace 
the  subject  in  question,  the  motion  should 
be  to  refer  it  to  that  committee;  if  there  is 
no  such  committee,  then  the  motion  should 
be  to  refer  to  a  select  committee. 

§  575.  The  motion  to  commit  stands  in 
the  same  degree  with  the  previous  ques- 
tion and  postponement,  and  if  first  made 
is  not  superseded  by  them,  but  it  takes 
precedence  of  a  motion  to  amend. 


TO  AMEND.  249 

§  576.  On  a  motion  to  amend  a  question, 
any  one  may,  notwithstanding,  move  to 
commit  it,  and  the  motion  for  commitment 
shall  he  first  put. 

To  Amend. 

§  577.  When  a  proposition  consists  of 
several  sections,  paragraphs,  or  resolu- 
tions, the  natural  order  of  considering  and 
amending  it  is  to  begin  at  the  beginning 
and  to  proceed  through  it  in  course  by 
paragraphs.  But  if  the  proposition  has  a 
preamble,  the  preamble  must  be  considered 
last.  The  reason  is,  that  on  the  consider- 
ation of  the  body  of  a  proposition  such. al- 
terations may  therein  be  made  as  may  also 
occasion  the  alteration  of  the  preamble. 

§  578.  As  an  amendment  must  necessa- 
rily be  put  to  the  question  before  the  prin- 
cipal motion,  so  the  question  must  be  put 
on  an  amendment  to  an  amendment  before 
it  be  put  on  the  amendment. 

§  579.    An    amendment    and    also   an 


250  MANUAL  OF  LAW  AND  USAGE. 

amendment  to  an  amendment  may  be 
moved  on  any  motion;  but  a  motion  to 
amend  an  amendment  to  an  amendment 
shall  not  be  in  order.  Action  on  amend- 
ments shall  precede  action  on  the  original 
motion. — G.  A.  Rule  20. 

§  580.  If  an  amendment  be  proposed  in- 
consistent with  one  already  agreed  to,  it  is 
a  fit  ground  for  its  rejection  by  the  judica- 
tory ;  but  not  within  the  competence  of  the 
moderator  to  suppress,  as  if  it  were  against 
order.  For,  were  he  permitted  to  draw 
questions  of  consistence  within  the  vortex 
of  order,  he  might  usurp  a  negative  on  im- 
portant modifications,  and  suppress  instead 
of  subserving  the  will  of  the  judicatory. 

.  Amendments  by  Striking  Out. 

[Cushing  gives  the  following  rules  con- 
cerning amendments,  which  are  substan- 
tially the  same  as  Jefferson's,  though  very 
much  simplified:] 

§  581.  If  an  amendment  is  proposed  by 
striking  out  a  particular  paragraph  or  cer- 


AMENDMENTS  BY  STRIKING  OUT.         251 

tain  words,  and  the  amendment  is  rejected, 
it  cannot  be  again  moved  to  strike  out  the 
same  words  or  a  part  of  them ;  but  it  may 
be  moved  to  strike  out  the  same  words  with 
others,  or  to  strike  out  a  part  of  the  same 
words  with  others,  provided  the  coherence 
to  be  struck  out  be  so  substantial  as  to  make 
these,  in  fact,  different  propositions  from 
the  former.  Thus,  if  a  proposition  consists 
of  A  B  C  D,.  and  it  is  moved  to  strike 
out  B  C — if  this  amendment  is  rejected  it 
cannot  be  moved  again ;  but  it  may  be 
moved  to  strike  out  A  B,  or  A  B  C,  or 
BCD,  or  CD.  ♦ 

§  582.  If  an  amendment  by  striking  out 
is  agreed  to,  it  cannot  be  afterwards  moved 
to  insert  the  same  words  struck  out  or  part 
of  them ;  but  it  may  be  moved  to  insert  the 
same  words  with  others,  or  a  part  of  the 
same  words  with  others,  provided  the  co- 
herence to  be  inserted  make  these  proposi- 
tions substantially  different  from  the  first. 

§  583.  Thus,  if  the  proposition  A  B  C  D 


252  MANUAL  OF  LAW  AND  USAGE. 

is  amended  by  striking  out  B  C,  it  cannot 
"be  moved  to  insert  B  C  again ;  but  it  may 
be  moved  to  insert  B  C  with  other  words, 
or  B  with  others,  or  C  with  others. 

§  584.  When  it  is  proposed  to  amend  by 
striking  out  a  particular  paragraph,  it  may 
be  moved  to  amend  this  amendment  in 
three  different  ways,  namely:  either  by 
striking  out  a  part  only  of  the  paragraph, 
or  by  inserting  or  adding  words,  or  by 
striking  out  and  inserting.  ' 

§•585.  Thus,  if  it  is  moved  to  amend  the 
proposition  A  B  C  D  by  striking  out  B  C, 
it  may  be  moved  to  amend  this  amend- 
ment by  striking  out  B  only,  or  C  only,  or 
by  inserting  E,  or  by  striking  out  B  or  C 
and  inserting  E. 

§  586.  When  it  is  moved  to  amend  by 
striking  out  certain  words  and  inserting 
others,  the  manner  of  stating  the  question 
is,  first  to  read  the  whole  passage  to  be 
amended  as  it  stands  at  present ;  then  the 


AMENDMENTS  BY  INSERTING.  253 

words  proposed  to  be  struck  out ;  next  those 
to  be  inserted ;  and  lastly  the  whole  pas- 
sage, as  it  will  be  when  amended.  And  the 
question,  if  desired,  is  then  to  be  divided, 
and  put  first  on  striking  out.  If  carried, 
it  is  next  on  inserting  the  words  proposed. 
If  this  be  lost,  it  may  be  moved  to  insert 
others .  — Jefferson. 

Amendments  by  Inserting. 

§  587.  If  an  amendment  is  proposed  by 
inserting  or  adding  a  paragraph  or  words, 
and  the  amendment  is  rejected,  it  cannot 
be  moved  again  to  insert  the  same  words 
or  a  part  of  them ;  but  it  may  be  moved  to 
insert  the  same  words  with  others,  or  a  part 
of  the  same  words  with  others,  provided  the 
coherence  really  make  them  different  prop- 
ositions. 

§  588.  Thus,  if  it  is  moved  to  amend  the 
proposition  A  B  by  inserting  C  D,  and  the 
amendment  is  rejected,  C  D  cannot  be  again 
moved ;  but  it  may  be  moved  to  insert  C  E, 
or  D  E,  or  C  D  E. 


254  MANUAL  OF  LAW  AND  USAGE. 

§  589.  If  it  is  proposed  to  amend"  by  in- 
serting a  paragraph,  and  the  amendment 
prevails,  it  cannot  be  afterwards  moved  to 
strike  out  the  words  or  a  part  of  them  ;  but 
it  may  be  moved  to  strike  out  the  same 
words  with  others,  or  a  part  of  the  same 
words  with  others,  provided  the  coherence 
be  such  as  to  make  these  propositions  really 
different  from  the  first.  Thus,  if  in  the 
example  above  supposed  the  amendment 
prevails  and  C  D  is  inserted,  it  cannot  be 
afterwards  moved  to  strike  out  C  D,  but  it 
may  be  moved  to  strike  out  A  C,  or  A  C  D, 
or  D  B,  or  C  D  B. 

§  590.  When  it  is  proposed  to  amend  by 
inserting  a  paragraph,  this  amendment 
may  be  amended  in  three  different  ways, 
namely:  either  by  striking  out  apart  of 
the  paragraph ;  or  by  inserting  something 
into  it;  or  by  striking  out  and  inserting. 
Thus,  if  it  be  proposed  to  amend  A  B  by 
inserting  C  D,  this  amendment  may  be 
amended  either  by  striking  out  C  or  D,  or 
inserting  E,  or  by  striking  out  C  or  D  and 
inserting  E. 


PRIVILEGED  QUESTIONS  CONFLICTING.    255 

Privileged  Questions  Conflicting. 

§  591.  Suppose  a  motion  for  the  previous 
question,  for  commitment,  or  for  amend- 
ment of  the  main  question,  and  that  it  be 
then  moved  to  postpone  the  motion  for 
the  previous  question,  or  for  commitment 
or  amendment  of  the  main  question  :  (1) 
It  would  be  absurd  to  postpone  the  pre- 
vious question ,  commitment,  or  amendment 
alone,  and  thus  separate  the  appendage 
from  its  principal.  (2)  This  is  a  piling  of 
questions  one  on  another.  (3)  The  same 
result  may  be  had  more  simply  by  voting 
against  the  previous  question,  commit- 
ment, or  amendment. 

§  592.  Suppose  a  commitment  moved  of 

a  motion  for  the  previous  question,  or  to 

postpone,  or  amend.     The  1st,  2d,  and  3d 

, reasons,  just  stated,  all  hold  good  against 

this. 

§  593.  Suppose  an  amendment  moved  to 
a  motion  for  the  previous  question :  An- 
swer,  the    previous    question   cannot   be 


256  MANUAL  OF  LAW  AND  USAGE. 

amended.  Parliamentary  usage,  as  well 
as  the  22d  Kule  of  the  Assembly,  has  fixed 
its  form  to  be,  Shall  the  main  question  be 
now  put?  i.  e.,  at  this  instant.  And  as 
the  present  instant  is  but  one,  it  can  admit 
of  no  modification.  To  change  it  to  to- 
morrow or  any  other  moment  is  without 
example. 


PART  V. 

Question. 

§  594.  When  the  debate  on  any  question 
or  motion  appears  to  be  brought  to  a  close, 
the  moderator  then  inquires,  Are  you  ready 
for  the  question  ?  and  if  no  person  rise, 
the  question  is  then  stated,  and  the  votes 
of  the  judicatory  taken  upon  it. 

§  595.  The  question  being  stated  by  the 
moderator,  he  first  puts  the  affirmative, 
namely  :  As  many  as  are  in  favor,  &c.,say 
aye  ;  then  the  negative,  as  many  as  are  op- 
posed, say  no. 


QUESTION.  257 

§  596.  If  the  moderator  is  doubtful  as  to 
the  result,  he  may  put  the  question  a  second 
time;  and  if  still  unable  to  decide,  or,  if 
having  decided  according  to  his  judgment, 
any  member  may  call  for  a  division. 

§  597.  When  a  division  is  called  for,  the 
moderator  shall  put  the  question  thus : 
As  many  as  are  in  favor,  dtc.,  tuill  rise  and 
stand  till  you  are  counted;  and  the  nega- 
tive shall  be  taken  in  like  manner. 

§  598.  There  is  another  mode  of  taking 
the  question,  viz,  by  yeas  and  nays.  The 
object  of  this  mode  is  to  have  every  mem- 
•ber's  name  recorded  on  the  side  on  which 
he  voted,  as  part  of  the  history. 

§  599.  The  yeas  and  nays  on  any  ques- 
tion shall  not  be  recorded  unless  required 
by  one-third  of  the  members  present. — 
G.  A.  Rule  27. 

§  600.  The  meaning  of  this  rule  is,  that 
it  requires  one-third  of  the  members  pres- 
17 


258  MANUAL  OF  LAW  AND  USAGE. 

ent  to  order  the  yeas  and  nays  ;  not  a  vote 
of  one-third  to  record  them  after  they  have 
been  taken  ;  for  when  ordered,  they  must 
be  recorded,  as  a  part  of  the  history  of  the 
transaction. 

§  601.  In  order  to  take  a  question  in  this 
manner,  the  moderator  puts  the  question 
thus :  As  many  as  are  in  favor,  dec. ,  when 
your  names  are  called  will  answer,  yea  ;  as 
many  as  are  opposed  will  answer,  nay. 

§  602.  The  clerk  immediately  commences 
to  call  the  roll,  and  notes  the  answers  op- 
posite each  name.  The  names  having 
been  thus  called,  the  clerk  counts  the  num- 
bers on  each  side,  and  reports  them  to  the 
moderator,  who  declares  the  result  to  the 
judicatory. 

Coexisting  Questions. 

§  603.  It  may  be  asked  whether  the 
house  can  be  in  possession  of  two  motions 
or  propositions  at  the  same  time?  so  that, 
one  of  them  being  decided,  the  other  goes 


EQUIVALENT  QUESTIONS.  259 

to  question  without  being  moved  anew? 
The  answer  must  be  special.  When  a 
question  is  interrupted  by  a  vote  of  ad- 
journment, it  is  thereby  removed  from  be- 
fore the  house,  and  does  not  stand  ipso 
facto  before  them  at  their  next  session,  but 
must  come  forward'  in  the  usual  way  ;  so, 
when  it  is  interrupted  by  the  order  of  the 
day.  Such  other  privileged  questions 
(e.g.,  the  previous  question,  the  postpone- 
ment or  commitment)  remove  it  from  be- 
fore the  house.  But  it  is  only  suspended 
by  a  motion  to  amend,  to  withdraw,  to 
read  papers,  or  by  the  question  of  order  or 
privilege,  and  stands  again  before  the 
house  when  these  are  decided.  None  but 
the  class  of  privileged  questions  can  be 
brought  forward  while  there  .  is  another 
question  before  the  house;  the  rule  being, 
that  when  a  motion  has  been  made  and 
seconded,  no  other  can  be  received  except  it 
be  a  privileged  one. 

Equivalent  Questions. 
§  604.  Where   questions    are   perfectly 


260'  MANUAL  OF  LAW  AND  USAGE. 

equivalent,  so  that  the  negative  of  the  one 
amounts  to  the  affirmative  of  the  other, 
and  leaves  no  other  alternative,  the  de- 
cision of  the  one  concludes  necessarily  the 
other.  Thus  the  negative  of  striking  out 
amounts  to  the  affirmative  of  agreeing; 
and,  therefore,  to  put  a  question  on  agree- 
ing after  that  on  striking  out,  would  he  to 
put  the  same  question,  in  effect,  twice  over. 

Reconsideration. 

§  605.  A  question  shall  not  be  again 
called  up  or  reconsidered  at  the  same  ses- 
sions of  the  judicatory  at  which  it  has  been 
decided,  unless  by  the  consent  of  two-thirds 
of  the  members  who  were  present  at  the 
decision,  and  unless  the  motion  to  recon- 
sider be  made  and  seconded  by  persons 
who  voted  with  the  majority. — G.A.  Bute 
23. 

§  606.  If  a  motion  to  reconsider  prevail, 
the  question  stands  before  the  judicatory 
in  precisely  the  same  state  and  condition 
as  if  the  vote  reconsidered  had  never  been 


RECONSIDERATION.  261 

passed.  Thus,  if  an  amendment  by  in- 
serting words  is  moved  and  rejected,  the 
same  amendment  cannot  be  moved  again ; 
but  the  judicatory  may  reconsider  the  vote 
by  which  it  was  rejected,  and  then  the  ques- 
tion will  recur  on  the  amendment,  as  if  the 
former  vote  had  never  been  passed. 


262  MANUAL  OF  LAW  AND  USAGE. 

CHAPTER  XXV. 

BAPTISM  OF  INFANTS  AND  ADULTS. 

§  607.  The  following  is  the  chapter  in 
the  Directory  for  Worship  on  the  adminis- 
tration of  baptism,  viz: 

Baptism  is  not  to  be  unnecessarily  delayed;  nor  to 
be  administered,  in  any  case,  by  any  private  person; 
but  by  a  minister  of  Christ,  called  to  be  the  steward  of 
the  mysteries  of  God. 

It  is  usually  to  be  administered  in  the  church,  in  the 
presence  of  the  congregation;  and  it  is  convenient  that 
it  be  performed  immediately  after  sermon. 

After  previous  notice  is  given  to  the  minister,  the 
child  to  be  baptized  is  to  be  presented  by  one  or  both 
the  parents,  signifying  their  desire  that  the  child  may 
be  baptized. 

Before  baptism,  let  the  minister  use  some  words  of 
instruction,  respecting  the  institution,  nature,  use,  and 
ends  of  this  ordinance,  showing,  that  it  is  instituted  by 
Christ ;  that  it  is  a  seal  of  the  righteousness  of  faith ;  that 
the  seed  of  .the  faithful  have  no  less  right  to  this  ordi- 
nance under  the  gospel,  than  the  seed  of  Abraham 
to  circumcision  under  the  Old  Testament;  that  Christ 
commanded  all  nations  to  be  baptized;  that  he  blessed 
little  children,  declaring  that  of  such  is  the  kingdom  of 


BAPTISM  OF  INFANTS  AND  ADULTS.       263 

heaven;  that  children  are  federally  holy,  and  therefore 
ought  to  be  baptized;  that  we  are  by  nature  sinful, 
guilty,  and  polluted,  and  have  need  of  cleansing  by  the 
blood  of  Christ,  and  by  the  sanctifying  influences  of 
the  Spirit  of  God. 

The  minister  is  also  to  exhort  the  parents  to  the  care- 
ful performance  of  their  duty ;  requiring  that  they  teach 
the  child  to  read  the  word  of  God;  that  they  instruct 
it  in  the  principles  of  our  holy  religion,  as  contained  in 
the  Scriptures  of  the  Old  and  New  Testaments,  an  ex- 
cellent summary  of  which  we  have  in  the  Confession  of 
Faith  in  this  Church,  and  in  the  Larger  and  Shorter 
Catechisms  of  the  Westminster  Assembly,  which  are  to 
be  recommended  to  them,  as  adopted  by  this  Church, 
for  their  direction  and  assistance  in  the  discharge  of  this 
important  duty ;  that  they  pray  with  and  for  it;  that 
they  set  an  example  of  piety  and  godliness  before  it; 
and  endeavor,  by  all  the  means  of  God's  appointment, 
to  bring  up  their  child  in  the  nurture  and  admonition 
of  the  Lord. 

Then  the  minister  is  to  pray  for  a  blessing  to  attend 
this  ordinance;  after  which,  calling  the  child  by  its 
name,  he  shall  say,  I  baptize  thee  in  the  name  of  the 
Father,  and  the  Son,  and  of  the  Holy  Ghost.  As  he 
pronounces  these  words,  he  is  to  baptize  the  child  with 
.water,  by  pouring  or  sprinkling  it  on  the  face  of  the 
child,  without  adding  any  other  ceremony;  and  the 
whole  shall  be  concluded  with  praj^er. 

Although  it  is  proper  that  baptism  be  administered 
in  the  presence  of  the  congregation,  yet  there  may  be 
cases  when  it  will  be  expedient  to  administer  this  ordi- 


264  MANUAL  OF  LAW  AND  USAGE. 

nance  in  private' houses,  of  which  the  minister  is  to  be 
the  judge. 

§  608.  The  following  form  of  baptism, 
abbreviated,  is  taken  from  the  Common 
Prayer  Book,  as  amended  in  1661  by  the 
Westminster  divines: 

\ Parents  with  their  children  in  front  of  the  altar.] 
Hear  the  words  of  the  gospel  written  by  St.  Mark, 
in  the  tenth  chapter,  at  the  thirteenth  verse: 

"They  brought  young  children  to  Christ,  that  he 
should  touch  them;  and  his  disciples  rebuked  those 
that  brought  them.  But  when  Jesus  saw  it,  he  was 
much  displeased,  and  said  unto  them:  Suffer  the  little 
children  to  come  unto  me,  and  forbid  them  not;  for  of 
such  is  the  kingdom  of  God.  Verily  I  say  unto  you, 
whosoever  shall  not  receive  the  kingdom  of  God  as  a 
little  child,  he  shall  not  enter  therein.  And  he  took 
them  up  in  his  arm3,  put  his  hands  upon  them,  and 
blessed  them." 

Forasmuch  as  all  men  are  conceived  and  born  in  sin, 
and  our  Saviour  saith :  "  None  can  enter  into  the  kingdom 
of  God,  except  he  be  born  anew  of  water  and  of  the 
Holy  Ghost;"  I  beseech  you  to  call  upon  God  the 
Father,  through  our  Lord  Jesus  Christ,  that  of  his 
bounteous  mercy  he  will  grant  to  these  children  that 
thing  which  by  nature  they  cannot  have;  that  they 
may  be  baptized  with  water  and  the  Holy  Ghost,  and 
received  into  Christ's  holy  church,  and  become  living 
members  of  the  same. 


BAPTISM  OF  INFANTS  AND  ADULTS.       265 

Prayer. 
Almighty  and  everlasting  God,  our  heavenl)'  Father, 
we  give  thee  humble  thanks  that  thou  hast  vouchsafed 
to  call  us  to  the  knowledge  of  thy  grace  and  faith  in 
thee:  increase  this  knowledge  and  confirm  this  faith  in 
us  evermore.  Give  thy  Holy  Spirit  to  these  infants, 
that  they  may  be  born  again,  and  be  made  heirs  of  ever- 
lasting salvation,  through  our  Lord  Jesus  Christ,  who 
liveth  and  reigneth  with  thee  and  the  Holy  Spirit  now 
and  forever :  Amen. 

Address  to  the  Parents. 

Dearly  beloved;  ye  have  brought  these  children  here 
to  be  baptized ;  ye  have  prayed  that  our  Lord  Jesus 
Christ  would  vouchsafe  to  receive  them,  to  release  them 
from  sin,  to  sanctify  them  with  the  Holy  Ghost,  to 
give  them  the  kingdom  of  heaven  and  everlasting  life. 
Our  Lord  Jesus  Christ  hath  promised  in  his  gospel  to 
grant  all  these  things  that  ye  have  prayed  for,  which 
promise  he,  for  his  part,  will  most  surely  keep  and 
perform.  Wherefore,  after  this  promise  made  by  Christ, 
ye  must  also  faithfully,  for  your  part,  in  the  presence 
of  this  congregation,  promise  and  answer  to  these  ques- 
tions: 

Minister.  Will  you  have  this  child  baptized  in  the 
faith  of  this  church  ? 

Answer.  That  is  my  desire. 

Min.  Will  you  then  teach  this  child  the  word  of  God 
as  contained  in  the  Scriptures  of  the  Old  and  New  Test- 
aments? and  will  you  pray  with  and  for  him,  set  a  godly 
example  before  him,  and  endeavor  by  all  the  means  ol 


266  MANUAL  OF  LAW  AND  USAGE. 

God's  appointment  to  bring  up  this  child  in  the  nurture 
and  admonition  of  the  Lord? 
Ans.  I  will  by  God's  help. 

Then,  receiving  the  name,  he  will  say — 

I  baptize  thee,  N ,  in  the  name  of  the  Father,  and 

of  the  Son,  and  of  the  Holy  Ghost:  Amen. 

Then  the  minister  may  soy — 

We  receive  this  child  into  the  congregation  of  Christ's 
flock,  among  his  chosen  followers,  in  token  that  here- 
after he  shall  not  be  ashamed  to  confess  the  faith  of 
Christ  crucified,  and  manfully  to  fight  under  his  ban- 
ner, and  continue  Christ's  faithful  soldier  and  servant 
unto  his  life's  end:  Amen. 

And  this — 

Forasmuch  as  these  children  have  been  brought  into 
the  bosom  of  the  visible  church,  to  be  nourished  and 
trained  as  children  of  God  and  heirs  of  the  kingdom  of 
heaven,  ye  must  remember  that  it  is  your  parts  and 
duties  to  see  that  they  be  taught,  so  soon  as  they  he  able 
to  learn,  what  a  solemn  duty  and  privilege  are  theirs 
by  virtue  of  this  sacrament,  that  when  they  come  to  the 
use  of  reason  they  may  not  fall  into  ingratitude  and 
lose  the  grace  of  their  baptism,  but  continue  as  living 
members  of  the  body  of  Christ.  And  that  they  may 
know  these  things  the  better,  ye  shall  call  upon  them  to 
hear  sermons;  and  chiefly  ye  shall^drovide  that  they 
may  have  the  Holy  Scriptures,  learn  the  Catechism, 
and  all  other  things  which  a  christian  ought  to  know 
and  believe  to  his  soul's  health;  and  that  these  children 


BAPTISM  OF  ADULTS.  267 

may  be  virtuously  brought  up  to  lead  a  godly  and  a 
christian  life,  remembering  always  that  baptism  doth 
represent  unto  us  our  profession,  which  is  to  follow  the 
example  of  our  Saviour  Christ,  and  to  be  made  like 
unto  him;  that  as  he  died,  and  rose  again  for  us,  so 
should  we  who  are  baptized  die  from  sin  and  rise  again 
unto  righteousness,  continually  mortifying  all  our  evil 
and  corrupt  affections,  and  daily  proceeding  in  all  vir- 
tue and  godliness  of  living. 

Then  shall  follow  a  prayer  for  the  parents  and  chil- 
dren, that  they  may  have  grace  and  help  from  on  high 
to  perform  their  obligations. 

§  609.  Baptism  of  adults. 

[  The  candidate  standing  in  front  of  the  altar.] ' 
Hear  the  words  of  the  gospel  written  by  St.  John,  in 
the  third  chapter,  beginning  at  the  first  verse: 

"  There  was  a  man  of  the  Pharisees  named  Nicodemus, 
a  ruler  of  the  Jews.  The  same  came  to  Jesus  by  night, 
and  said  unto  him,  Rabbi,  we  know  that  thou  art  a 
teacher  come  from  God ;  for  no  man  can  do  these  mira- 
cles that  thou  doest,  except  God  be  with  him.  Jesus 
answered  and  said  unto  him,  verily,  verily,  I  say  unto 
thee,  except  a  man  be  born  again  he  cannot  see  the 
kingdom  of  God.  Nicodemus  saith  unto  him,  how  can 
a  man  be  born  when  he  is  old?  Can  he  enter  the  second 
time  into  his  mother's  womb  and  be  born?  Jesus  an- 
swered, verily,  verily,  I  say  unto  thee,  except  a  man  be 
born  of  water  and  of  the  Spirit  he  cannot  enter  into  the 
kingdom  of  God.     That  which  is  born  of  the  flesh  is 


268  MANUAL  OF  LAW  AND  USAGE. 

flesh,  and  that  which  is  born  of  the  Spirit  is  spirit. 
Marvel  not  that  I  say  unto  thee,  ye  must  be  born  again. 
The  wind  bloweth  where  itlisteth,  and  thou  hearest  the 
sound  thereof,  but  canst  not  tell  whence  it  cometh  and 
whither  it  goeth ;  so  is  every  one  that  is  born  of  the 
Spirit." 

Prayer. 

Almighty  and  immortal  God,  the  aid  .of  all  who  need, 
the  helper  of  all  who  flee  to  thee  for  succor,  the  life  of 
those  who  believe,  and  the  resurrection  of  the  dead  ; 
we  call  upon  thee  for  these  persons,  that  they,  coming  to 
thy  holy  baptism,  may  be  cleansed  from  their  sins  and , 
enter  into  the  blessed  company  of  thy  faithful  children. 
Receive  them,  0  Lord,  as  thou  hast  promised  by  thy 
well-beloved  Son,  saying,  Ask,  and  ye  shall  receive; 
seek,  and  ye  shall  find  ;  knock,  and  it  shall  be  opened 
unto  you.  So  give  now  unto  us  who  ask  ;  let  us  who 
seek  find ;  open  the  gate  unto  us  who  knock,  that  these 
persons  may  enjoy  the  everlasting  benediction  of  the 
heavenly  washing,  and  may  come  to  the  eternal  king- 
dom which  thou  hast  promised  by  Christ  our  Lord: 
Amen. 

Address  to  the  Candidates. 

Well-beloved,  who  are  come  hither  desiring  to  be 
baptized,  ye  have  heard  how  the  congregation  hath 
prayed,  that  our  Lord  Jesus  Christ  would  vouchsafe  to 
receive  you  and  bless  you,  to  release  you  of  your  sins, 
to  give  you  the  kingdom  of  heaven  and  everlasting 
life.  Ye  have  heard  also  that  our  Lord  Jesus  Christ 
hath  promised  in  his  holy  word  to  grant  all  those  things 


BAPTISM  OF  ADULTS.  269 

that  we  have  prayed  for,  which  promise  he,  for  his  part, 
will  most  surely  keep  and  perform. 

Wherefore,  after  this  promise  made  by  Christ,  ye 
must  also  faithfully,  for  your  part,  in  the  presence  of 
this  whole  congregation,  promise  and  answer  to  the 
following  questions: 

Question.  Dost  thou  renounce  the  devil  and  all  his 
works,  the  vain  pomp  and  glory  of  the  world,  with  all 
covetous  desires  of  the  same,  and  the  sinful  desires  of 
the  flesh,  so  that  thou  wilt  not  follow  nor  be  led  by 
them? 

Answer.  I  renounce  them  all ;  and,  by  God's  help, 
will  endeavor  not  to  follow  nor  be  led  by  them. 

Q.  Dost  thou  believe  all  the  articles  of  the  christian 
faith  as  held  by  this  church? 

A.  I  do  believe. 

Q.  Wilt  thou  be  baptized  in  this  faith  ? 

A.  That  is  my  desire. 

Q.  Wilt  thou  then  obediently  keep  God's  holy  will 
and  commandments,  and  walk  in  the  same  all  the  days 
of  thy  life? 

A.  I  will,  by  God's  help. 

Then  the  person  to  be  baptized  shall  kneel,  and  the 
minister,  calling  him  by  name,  will  pour  or  sprinkle 
water  on  his  head,  saying: 

I  baptize  thee,  N ,  in  the  name  of  the  Father,  and 

of  the  Son,  and  of  the  Holy  Ghost:  Amen. 

Minister.  We  receive  this  person  into  the  congrega- 
tion of  Christ's  flock  as  his  chosen  follower;  and  in 
pledge  that  hereafter  he  shall  not  be  ashamed  to  con- 
fess the  faith  of  Christ  crucified,  and  manfully  to  fight 


270  MANUAL  OF  LAW  AND  USAGE. 

under  his  banner;  and  to  continue  Christ's  faithful 
soldier  and  servant  unto  his  life's  end:   Amen. 

Minister.  [The  congregation  standing  up.]  Foras- 
much as  these  persons  have  promised  in  your  presence 
to  renounce  the  devil  and  all  his  works,  to  believe  in 
God,  and  to  serve  him,  ye  must  remember  that  it  is 
your  part  and  duty  to  receive  them  as  members  of 
Christ,  with  kindly  affection  and  brotherly  love,  and 
to  walk  with  them  in  charity,  knowing  that  whatsoever 
ye  do  unto  the  least  of  Christ's  brethren,  even  that  ye 
do  unto  him.  And  so  shall  both  they  and  ye  together 
grow  in  grace  and  in  the  knowledge  of  our  Lord  Jesus 
Christ,  and  live  godly,  righteously,  and  soberly  in  this 
present  world:  Amen. 

Minister.  [  To  the  baptized.]  And  as  for  you,  who 
have  now  by  baptism  put  on  Christ,  it  is  your  part  and 
duty  also,  being  made  the  children  of  God  and  of  the 
light  by  faith  in  Jesus  Christ,  to  walk  answerably  to 
your  christian  calling,  and  as  becometh  the  children  of 
light;  remembering  always  that  baptism  representeth 
unto  us  our  profession  ;  which  is,  to  follow  the  example 
of  our  Saviour  Christ,  and  to  be  made  like  unto  him; 
that  as  he  died  and  rose  again  for  us,  so  should  we,  who 
are  baptized,  die  from  sin  and  rise  again  unto  righteous- 
ness; continually  mortifying  all  our  evil  and  corrupt 
affections,  and  daily  proceeding  in  all  virtue  and  godli- 
ness of  living. 

Then  shall  the  minister  offer  prayer  for  grace  and 
help  from  on  high  for  the  newly  baptized,  that  they 
may  be  enabled  to  keep  their  vows,  and  be  useful  mem- 
bers of  the  church. 


THE  LORD '  S  SUPPER .  271 

CHAPTER  XXVI. 

ADMINISTRATION  OF  THE  LORD'S  SUPPER. 

§  610.  The  following  is  chapter  VIII  in 
the  Directory  for  Worship: 

The  communion,  or  supper  of  the  Lord,  is  to  be  cele- 
brated frequently;  but  how  often  may  be  determined 
by  the  minister  and  eldership  of  each  congregation,  as 
they  may  judge  most  for  edification. 

The  ignorant  and  scandalous  are  not  to  be  admitted 
to  the  Lord's  supper. 

It  is  proper  that  public  notice  should  be  given  to  the 
congregation  at  least  the  Sabbath  before  the  adminis- 
tration of  this  ordinance,  and  that  either  then  or  on 
some  other  day  of  the  week  the  people  be  instructed  in 
its  nature  and  a  due  preparation  for  it,  that  all  may 
come  in  a  suitable  manner  to  this  holy  feast. 

When  the  sermon  is  ended,  the  minister  shall  show 
that  this  is  an  ordinance  of  Christ,  by  reading  the  words 
of  instruction  either  from  one  of  the  Evangelists  or 
from  I  Cor.,  xi  chapter,  which,  as  to  him  may  appear 
expedient,  he  may  explain  and  apply;  that  it  is  to  be 
observed  in  remembrance  of  Christ,  to  show  forth  his 
death  till  he  come ;  that  it  is  of  inestimable  benefit,  to 
strengthen  his  people  against  sin,  to  support  them 
under  troubles,  to  encourage  and  quicken  them  in  duty, 


272  MANUAL  OF  LAW  AND  USAGE. 

to  inspire  them  with  love  and  zeal,  to  increase  their 
faith  and  holy  resolution,  and  to  beget  peace  of  con- 
Bcience  and  comfortable  hopes  of  eternal  life. 

He  is  to  warn  the  profane,  the  ignorant,  and  scanda- 
lous, and  those  that  secretly  indulge  themselves  in  any 
known  sin,  not  to  approach  the  holy  table.  On  the 
other  hand,  he  shall  invite  to  this  table  such  as,  sensi- 
ble of  their  lost  and  helpless  state  by  sin,  depend  upon 
the  atonement  of  Christ  for  pardon  and  acceptance  with 
God;  such  as,  being  instructed  in  the  gospel  doctrine, 
have  a  competent  knowledge  to  discern  the  Lord's  body, 
and  such  as  desire  to  renounce  their  sins  and  are  deter- 
mined to  lead  a  holy  and  godly  life. 

The  table  on  which  the  elements  are  placed  being 
decently  covered,  the  bread  in  convenient  dishes,  and 
the  wine  in  cups,  and  the  communicants  orderly  and 
gravely  sitting  around  the  table,  [or  in  their  seats  before 
it,]  in  the  presence  of  the  minister,  let  him  set  the  ele- 
ments apart  by  prayer  and  thanksgiving. 

The  bread  and  wine  being  thus  set  apart  by  prayer 
and  thanksgiving,  the  minister  is  to  take  the  bread, 
and  break  it  in  the  yiew  of  the  people,  saying,  in  ex- 
pressions of  this  sort: 

Our  Lord  Jesus  Christ,  on  the  same  night  in  which 
he  was  betrayed,  having  taken  bread,  and  blessed,  and 
broken  it,  gave  it  to  his  disciples;  as  I,  ministering  in 
his  name,  give  this  bread  unto  you,  saying,  [here  the 
bread  is  to  be  distributed,]  take,  eat;  this  is  my  body, 
which  is  broken  for  you;  this  do  in  remembrance  of 
me.  After  having  given  the  bread,  he  shall  take  the 
cup  and  say : 


the  lord's  supper.  273 

After  the  same  manner  our  Saviour  also  took  the  cup, 
and  having  given  thanks,  as  hath  been  done  in  his 
name,  he  gave  it  to  the  disciples,  saying, .-[while  the 
minister  is  repeating  these  words  let  him  give  the  cup,] 
This  cup  is  the  New  Testament  in  my  blood,  which  is 
shed  for  many,  for  the  remission  of  sins ;  drink  ye  all 
of  it. 

The  minister  himself  is  to  communicate  at  such  time 
as  may  appear  to  him  most  convenient.  The  minister 
may  in  a  few  words  put  the  communicants  in  mind — 

Of  the  grace  of  God  in  Jesus  Christ  held  forth  in 
this  sacrament,  and  of  their  obligation  to  be  the 
Lord's,  and  may  exhort  them  to  walk  worthy  of  the 
vocation  wherewith  they  are  called  ;  and,  as  they  have 
professedly  received  Christ  Jesus  the  Lord,  that  they 
may  be  careful  so  to  walk  in  him,  and  to  maintain  good 
works. 

It  may  not  be  improper  for  the  minister  to  give  a 
word  of  exhortation  also  to  those  who  have  been  only 
spectators,  reminding  them — 

Of  their  duty  ;  stating  their  sin  and  danger  by  living 
in  disobedience  to  Christ,  in  neglecting  this  holy  ordi- 
nance, and  calling  upon  them  to  be  earnest  in  making 
preparation  for  attending  upon  it  at  the  next  time  of 
its  celebration. 

Then  the  minister  is  to  pray  and  give  thanks  to  God — 

For  his  rich  mercy  and  invaluable  goodness  vouch- 
safed to  them  in  that  sacred  communion ;  to  implore 
pardon  for  the  defects  of  the  whole  service  ;  and  to  pray 
for  the  acceptance  of  their  persons  and  performances ; 
for  the  gracious  assistance  of  the  Holy  Spirit,  to  enable 
18 


274  MANUAL  OF  LAW  AND  USAGE. 

them,  as  they  have  received  Christ  Jesus  the  Lord,  so 
to  walk  in  him  that  they  may  hold  fast  that  which 
they  have  received,  that  no  man  take  their  crown  ; 
that  their  conversation  may  be  as  becometh  the  gospel ; 
that  they  may  bear  about  with  them  continually  the 
dying  of  the  Lord  Jesus;  that  the  life  also  of  Jesus  may 
be  manifested  in  their  mortal  body;  that  their  light 
may  so  shine  before  men,  that  others,  seeing  their  good 
works,  may  glorify  their  Father  who  is  in  heaven. 

The  collection  for  the  poor  and  to  defray  the  expenses 
of  the  elements  may  be  made  after  this,  or  at  such 
other  time  as  may  seem  meet -to  the  eldership. 

Now  let  a  psalm  or  hymn  be  sung,  and  the  congre- 
gation dismissed,  with  the  following  or  some  other  gos- 
pel benediction : 

Now.  the  God  of  peace,  that  brought  again  from  the 
dead  our  Lord  Jesus,  that  great  shepherd  of  the  sheep, 
through  the  blood  of  the  everlasting  covenant,  make 
you  perfect  in  every  good  work  to  do  his  will,  working 
in  you  that  which  is  well  pleasing  in  his  sight,  through 
Jesus  Christ;  to  whom  be  glory  for  ever  and  ever: 
Amen. 

As  it  has  been  customary  in  some  parts  of  our  church 
to  observe  a  fast  before  the  Lord's  supper,  to  have  a 
sermon  on  Saturday  and  Monday,  and  to  invite  two 
or  three-  ministers  on  such  occasions ;  and  as  these 
seasons  have  been  blessed  to  many  souls,  and  may  tend 
to  keep  up  a  stricter  union  of  ministers  and  congrega- 
tions, we  think  it  not  improper  that  they  who  choose 
it  may  continue  in  this  practice. 


the  lord's  supper.  275 

§  611.  The  following  is  Chapter  IX  of 
the  Directory  for  Worship  : 

Children  born  within  the  pale  of  the  visible  church, 
and  dedicated  to  God  in  baptism,  are  under  the  inspec- 
tion and  goverumentof  the  church,  and  are  to  be  taught 
to  read  and  repeat  the  catechism,  the  apostles'  creed, 
and  the  Lord's  prayer.  They  are  to  be  taught  to  pray, 
to  abhor  sin,  to  fear  God,  and  to  obey  the  Lord  Jesus 
Christ.  And  when  they  come  to  years  of  discretion, 
if  they  be  free  from  scandal,  appear  sober  and  steady, 
and  to  have  sufficient  knowledge  to  discern  the  Lord's 
body,  they  ought  to  be  informed  it  is  their  duty  and 
their  privilege  to  come  to  the  Lord's  supper. 

The  years  of  discretion  in  young  christians  cannot  be 
precisely  fixed.  This  must  be  left  to  the  prudence  of 
the  eldership.  The  officers  of  the  church  are  the  judges 
of  the  qualifications  of  those  to  be  admitted  to  sealing 
ordinances,  and  of  the  time  when  it  is  proper  to  admit 
young  christians  to  them.  Those  who  are  to  be  admit- 
ted to  sealing  ordinances  shall  be  examined  as  to  their 
knowledge  and  piety. 

When  unbaptized  persons  apply  for  admission  into 
the  church,  they  shall,  in  ordinary  cases,  after  giving 
satisfaction  with  respect  to  their  knowledge  and  piety, 
make  a  public  profession  of  their  faith  in  the  presence 
of  the  congregation,  and  thereupon  be  baptized. 

§  612.  Form  of  admission  to  the  Lord's 
supper  of  children  baptized  and  come  to 


276  MANUAL  OF  LAW  AND  USAGE. 

years  of  discretion,  abbreviated  from  the 
Book  of  Common  Prayer,  as  amended  in 
1661  by  the  Westminster  divines: 

[The  candidates  standing  in  front  of  the  altar.] 

The  Pastor.  Let  us  pray. 

Almighty  and  everlasting  God,  "who  hast  vouch/- 
8afed  to  receive  these  thy  servants  into  thy  visible 
church,  and  hast  made  them  partakers  of  thy  covenant, 
strengthen  them,  we  beseech  thee,  0  Lord,  with  the 
Holy  Ghost,  the  Comforter,  and  daily  increase  in  them 
thy  manifold  gifts  of  grace:  the  spirit  of 'wisdom  and 
understanding;  the  spirit  of  counsel  and  heavenly 
strength;  the  spirit  of  knowledge  and  true  godliness; 
and  fill  them,  0  Lord,  with  the  spirit  of  thy  holy  fear, 
now  and  foreyer:  Amen. 

Pastor.  Do  you  here,  in  the  presence  of  God  and  of 
this  congregation,  adopt  and  confess  that  christian  faith 
wherein  ye  were  baptized? 

Candidate.  I  do. 

Past.  Do  ye  forsake  the  devil  and  all  his  works,  the 
vain  pomp  and  glory  of  the  world,  with  all  covetous 
desires  of  the  same,  and  the  sinful  desires  of  the  flesh, 
so  that  ye  will  not  follow  nor  be  led  by  them? 

Cand.  I  forsake  them  all,  and  by  God's  help  will 
endeavor  not  to  follow  them  nor  to  be  led  by  them. 

Past.  Will  ye  then  obediently  keep  God's  holy  will 
and  commandments,  and  walk  in  the  same  all  the  days 
of  your  life? 

Cand.  I  will,  God  being  my  helper. 


the  lord's  supper.  277 

Past.  Defend,  0  Lord,  this  thy  child  [or  these  thy  ser- 
vants] with  thy  heavenly  grace,  that  he  may  continue 
thine  forever,  and  daily  increase  in  thy  Holy  Spirit 
more  and  more,  until  he  come  unto  thy  everlasting 
kingdom:  Amen. 

After  which  they  should  take  their  places  among  the 
communicants. 

§  613.  There  should  always  be  a  dis- 
tinction observed  in  the  mode  of  receiving 
baptized  children  and  others  from  the 
world  into  the  full  privileges  of  the 
church.  (For  form  of  receiving  other  than 
the  church's  baptized  children,  see  Appen- 
dix.) 


278  MANUAL  OF  LAW  AND  USAGE. 

CHAPTER  XXVII. 

SOLEMNIZATION  OF  MARRIAGE. 

§  614.  The  following  is  Chapter  XI  of 
the  Directory  for  Worship: 

Marriage  is  not  a  sacrament,  nor  peculiar  to  the 
church  of  Christ.  It  is  proper  that  every  common- 
wealth, for  the  good  of  society,  make  laws  to  regulate 
marriage,  which  all  citizens  are  bound  to  obey. 

Christians  ought  to  marry  in  the  Lord;  therefore  it 
is  fit  that  their  marriage  be  solemnized  by  a  lawful 
minister,  that  special  instruction  may  be  given  them, 
and  suitable  prayers  made,  when  they  enter  into  this 
relation. 

Marriage  is  to  be  between  one  man  and  one  woman 
only;  and  they  are  not  to  be  within  the  degrees  of  con- 
sanguinity or  affinity  prohibited  by  the  word  of  God. 

The  parties  ought  to  be  of  such  years  of  discretion  as 
to  be  capable  of  making  their  own  choice;  and  if  they 
be  under  age,  or  live  with  their  parents,  the  consent  of 
the  parents  or  others,  under  whose  care  they  are,  ought 
to  be  previously  obtained  and  well  certified  to  the  min- 
ister, before  he  proceeds  to  solemnize  the  marriage. 

Parents  ought  neither  to  compel  their  children  to 
marry  contrary  to  their  inclinations,  nor  deny  their 
consent  without  just  and  important  reasons. 


SOLEMNIZATION  OF  MARRIAGE.  279 

Marriage  is  of  a  public  nature.  The  welfare  of  civil 
Bociety,  the  happiness  of  families,  and  the  credit  of  re- 
ligion, are  deeply  interested  in  it.  Therefore  the  pur- 
pose of  marriage  ought  to  be  sufficiently  published  a 
proper  time  previously  to  the  solemnization  of  it.  It 
is  enjoined  on  all  ministers  to  be  careful  that  in  this 
matter  they  neither  transgress  the  laws  of  God  nor  the 
laws  of  the  community ;  and,  that  they  may  not  destroy 
the  peace  and  comfort  of  families,  they  must  be  properly 
certified  with  respect  to  the  parties  applying  to  them, 
that  no  just  objections  lie  against  their  marriage. 

Marriage  must  always  be  performed  before  a  compe- 
tent number  of  witnesses,  and  at  any  time  except  on  a 
day  of  publio  humiliation.  And  we  advise  that  it  be 
not  on  the  Lord's  day.  And  the  minister  is  to  give  a 
certificate  of  the  marriage  when  required. 

When  the  parties  present  themselves  for  marriage, 
the  minister  is  to  desire,  if  there  is  any  person  present 
who  knows  any  lawful  reason  why  these  parties  may 
not  be  joined  together  in  the  marriage  relation,  that 
they  will  now  make  it  known,  or  ever  after  hold  their 
peace. 

No  objections  being  made,  he  is  then  severally  to 
address  himself  to  the  parties  to  be  married  in  the  fol- 
lowing or  like  words: 

You  [the  mail]  declare  in  the  presence  of  God,  that 
you  do  not  know  any  reason,  by  precontract  or  other- 
wise, why  you  may  not  lawfully  marry  this  woman. 

Upon  his  declaring  he  does  not,  the  minister  shall  ad- 
dress himself  to  the  bride  in  the  same  or  similar  terms : 


280  MANUAL  OF  LAW  AND  USAGE. 

You  [the  woman]  declare  in  the  presence  of  God,  that 
you  do  not  know  any  reason,  by  precontract  or  other- 
wise, why  you  may  not  lawfully  marry  this  man. 

Upon  her  declaring  she  does  not,  he  is  to  begin  with 
prayer  for  the  presence  and  blessing  of  God. 

The  minister  shall  then  proceed  to  give  them  some 
instruction  from  the  Scriptures  respecting  the  institu- 
tion and  duties  of  this  state,  showing  that  God  hath 
instituted  marriage  for  the  comfort  and  happiness  of 
mankind,  in  declaring  a  man  shall  forsake  his  father 
and  mother  and  cleave  unto  his  wife;  and  that  mar- 
riage is  honorable  in  all;  that  he  hath  appointed  vari- 
ous duties  which  are  incumbent  upon  those  who  enter 
into*  this  relation:  such  as  a  high  esteem  and  mutual 
love  for  one  another;  bearing  wiih  each  other's  infirmi- 
ties and  weaknesses,  to  which  human  nature  is  subject 
in  its  present  lapsed  state;  to  encourage  each  other 
under  the  various  ills  of  life;  to  comfort  one  another  in 
sickness;  in  honesty  and  industry  to  provide  for  each 
other's  temporal  support;  to  pray  for  and  encourage 
one  another  in  the  things  which  pertain  to  God%nd  to 
their  immortal  souls ;  and  to  live  together  as  the  heirs 
of  the  grace  of  life. 

Then  the  minister  shall  cause  the  bridegroom  and 
bride  to  join  their  hands,  and  shall  pronounce  the  mar- 
riage covenant,  first  to  the  man,  in  these  words: 

You  take  this  woman,  whom  you  hold  by  the  hand, 
to  be  your  lawful  and  married  wife;  and  3rou  promise 
and  covenant,  in  the  presence  of  God  and  these  witness- 
es, that  you  will  be  unto  her  a  loving  and  faithful  hus- 
band, until  you  shall  be  separated  by  death? 


SOLEMNIZATION  OP  MARRIAGE.  281 

The  bridegroom  shall  express  his  consent  by  saying- 
Yes,  I  do. 

Then  the  minister  shall  address  himself  to  the  woman 
in  these  words: 

You  take  this  man,  whom  you  hold  by  the  hand,  to 
be  your  lawful  and  married  husband  ;  and  you  promise 
and  covenant,  in  the  presence  of  God  and  these  witness- 
es, that  you  will  be  unto  him  a  loving,  faithful,  and 
obedient  wife,  until  you  shall  be  separated  by  death? 

The  bride  shall  express  her  consent  by  saying — ■ 

Yes,  I  do. 

Then  the  minister  is  to  say — 

I  pronounoe  you  husband  and  wife,  according  to  the 
ordinance  of  God:  whom  therefore  God  hath  joined  to- 
gether let  no  man  put  asunder. 

After  this  the  minister  may  exhort  them  in  a  few 
words  to  the  mutual  discharge  of  their  duty. 

Then  let  him  conclude  with  prayer  suitable  to  the 
occasion. 

Let  the  minister  keep  a  proper,  register  for  the  names 
of  all  persons  whom  bemarries,  and  of  the  time  of  their 
marriage,  for  the  perusal  of  all  whom  it  may  concern. 

§  615.  The  following  is  a  form  of  sol- 
emnizing marriage,  abbreviated  from  the 
Book  of  Common  Prayer,  as  amended  in 
1G61  by  the  Westminster  divines: 


282  MANUAL  OF  LAW  AND  USAGE. 

Dearly  beloved,  we  are  gathered  together  here,  in  the 
Bight  of  God  and  in  the  face  of  this  company,  to  join 
together  this  man  and  this  woman  in  matrimony; 
which  is  an  honorable  estate,  instituted  of  God  in  the 
time  of  man's  innocency,  signifying  unto  us  the  mysti- 
cal union  that  is  betwixt  Christ  and  his  church,  which 
excellent  estate  Christ  adorned  and  beautified  with  his 
presence  and  first  miracle  that  he  wrought  in  Cana  of 
Galilee;  and  is  commended  of  St.  Paul  to  be  honorable 
among  all  men;  and  therefore  is  not  by  any  to  be 
entered  into  unadvisedly  or  lightly,  but  reverently, 
discreetly,  soberly,  and  in  the  fear  of  God,  duly  con- 
sidering the  causes  for  which  matrimony  was  ordained. 
Into  this  holy  estate  these  two  persons  present  come 
now  to  be  joined.  Therefore,  if  any  man  can  show 
any  just  cause  why  they  may  not  lawfully  be  joined 
together,  let  him  now  speak,  or  else  hereafter  forever 
hold  his  peace. 

I  require  and  charge  you  both,  as  ye  will  answer  at 
the  dreadful  day  of  judgment,  when  the  secrets  of  all 
hearts  shall  be  disclosed,  that  if  either  of  you  know 
any  impediment,  why  ye  may  not  be  lawfully  joined 
together  in  matrimony,  ye  do  now  confess  it.  For 
be  ye  well  assured,  that  so  many  as  are  coupled  to- 
gether otherwise  than  as  God's  word  doth  allow,  are 
not  joined  together  by  God,  neither  is  their  matrimony 
lawful. 

M ,  wilt  thou  have  this  woman  to  thy  wedded 

wife,  to  live  together,  after  God's  ordinance,  in  the 
blessed  estate  of  matrimony?  Wilt  thou  love  her, 
comfort  her,  honor  and  keep  her  in  sickness'  and  in1 


SOLEMNIZATION  OF  MARRIAGE.  283 

health ;  and,  forsaking  all  others,  keep  thee  only  unto 
her,  so  long  as  ye  both  shall  live? 
Ansioer.  I  will. 

N ,  wilt  thou  have  this  man  to  thy  wedded  hus- 
band, to  live  together,  after  God's  ordinance,  in  the 
blessed  estate  of  matrimony?  Wilt  thou  obey  him, 
love,  honor,  and  keep  him  in  sickness  and  in  health ; 
and,  forsaking  all  others,  keep  thee  only  unto  him,  so 
long  as  ye  both  shall  live? 

Answer.  I  will. 

If  they  desire  to  pass  a  ring,  the  minister,  here  tak- 
ing the  ring,  may' deliver  it  to  the  man,  to  put  it  upon 
the  fourth  finger  of  the  woman's  left  hand.  And  the 
man,  holding  the  ring  there  and  taught  by  the  minis- 
ter, may  say : 

With  this  ring  I  thee  wed,  and  with  all  my  worldly 
goods  I  thee  endow :  In  the  name  of  the  Father,  and 
of  the  Son,  and  of  the  Holy  Ghost:     Amen. 

Or  the  following  form  : 

Groom.  With  this  ring  I  thee  wed,  and  to  thee  plight 
my  troth. 

Bride.  And  I  to  thee. 

Then  will  the  minister  join  their  right  hands  together 
and  say: 

Minister.  Those  whom  God  hath  joined  together  let 
no  man  put  asunder. 

Forasmuch  as  M and    N have   consented 

together  in  holy  wedlock,  and  have  witnessed  the  same 


284  MANUAL  OF  LAW  AND  USAGE. 

before  God  and  this  company,  and  thereto  have  given 
and  pledged  their  troth  each  to  the  other,  and  have 
declared  the  same  by  [giving  and  receiving  a  ring  and] 
joining  hands,  I  pronounce  that  they  are  man  and 
wife:  In  the  name  of  the  Father,  and  of  the  Son,  and 
of  the  Holy  Ghost:  Amen. 

The  minister  will  add  this  blessing: 

God  the  Father,  God  the  Son,  God  the  Holy  Ghost, 
bless,  preserve,  and  keep  you;  the  Lord  mercifully 
with  his  favor  look  upon  you,  and  fill  you  with  all 
spiritual  benediction  and  grace ;  that  ye  may  so  live 
together  in  this  life,  that  in  the  world  to  come  ye  may 
have  life  everlasting:    Amen. 

The  grace  of  our  Lord  Jesus  Christ,  the  love  of  God, 
and  the  communion  of  the  Holy  Ghost,  be  with  you 
all:    Amen. 


BURIAL  OF  THE  DEAD.  285 


CHAPTER  XXVIII. 

BURIAL  OF  THE  DEAD. 

§  616.  The  following  is  Chapter  XIII  of 
the  Directory  for  Worship: 

When  any  person  departs  this  life,  let  the  corpse  be 
taken  care  of  in  a  decent  manner,  and  be  kept  a  proper 
and  sufficient  time  before  interment. 

When  the  season  for  the  funeral  comes,  let  the  dead 
body  be  decently  attended  to  the  grave  and  interred. 
During  such  solemn  occasions,  let  all  who  attend  con- 
duct themselves  with  becoming  gravity,  and  apply 
themselves  to  serious  meditation  or  discourse;  and  the 
minister,  if  present,  may  exhort  them  to  consider  the 
frailty  of  life,  and  the  importance  of  being  prepared  for 
death  and  eternity. 

§  617.  The  following  form,  abbreviated, 
is  from  the  Book  of  Common  Prayer,  as 
amended  in  1661  by  the  Westminster  di- 
vines: 

Scripture  Headings. 
"Lord,  make  me  to  know  mine  end,  and  the  measure 
of  my  days,  what  it  is ;  that  I  may  know  how  frail  I  am. 
For  I  know  that  thou  wilt  bring  me  to  death  and  to 
the  house  appointed  for  all  living. 


286  MANUAL  OF  LAW  AND  USAGE. 

"  There  is  hope  of  a  tree,  if  it  be  cut  down,  that  it  will 
sprout  again,  and  that  the  tender  branch  thereof  will 
not  cease.  Though  the  root  thereof  wax  old  in  the  earth, 
and  the  stock  thereof  die  in  the  ground;  yet  through 
the  scent  of  water  it  will  bud,  and  bring  forth  boughs 
like  a  plant.  But  man  dieth,  and  wasteth  away:  yea. 
man  givelh  up  the  ghost,  and  where  is  he?  As  the 
waters  fail  from  the  sea,  and  the  flood  decayeth  and 
drieth  up:  so  man  lieth  down,  and  riseth  not:  till  the 
heavens  be  no  more,  they  shall  not  awake,  nor  be 
raised  out  of  their  sleep. 

"  If  a  man  die,  shall  he  live  again  ? 

"  Jesus  said  unto  Martha,  I  am  the  resurrection  and 
the  life:  he  that  believeth  in  me,  though  he  were  dead, 
yet  shall  he  live.  And  whosoever  liveth  and  believeth 
in  me  shall  never  die. 

"The  righteous  hath  hope  in  his  death.  Let  me  die 
the  death  of  the  righteous,  and  let  my  last  end  be  like  his'. 
Precious  in  the  sight  of  the  Lord  is  the  death  of  his 
saints :  the  day  of  their  death  is  better  than  that  of 
their  birth.  For  we  know  that  if  our  earthly  house 
of  this  tabernacle  be  dissolved,  we  have  a  building  of 
God,  a  house  not  made  with  hands,  eternal  in  the 
heavens.  There  the  wicked  cease  from  troubling  and 
the  weary  are  at  rest.  And  they  shall  hunger  no  more, 
neither  thirst  any  more,  neither  shall  the  sun  light  on 
them,  nor  any  heat.  And  there  shall  be  no  more  death, 
neither  sorrow,  nor  crying;  neither  shall  there  be  any 
more  pain;  for  the  former  things  are  passed  away. 
And  God  shall  wipe  away  all  tears  from  their  eyes." 


BURIAL  OF  THE  DEAD.  287 

Scriptures  for  the  Consolation  of  the  Bereaved. 

"Thou  shalt  forget  thy  misery,  and  remember  it  as 
waters  that  pass  away.  Weeping  may  endure  for  a 
night,  but  joy  corneth  in  the  morning.  Cast  thy  bur- 
den upon  the  Lord,  and  he  shall  sustain  thee.  He  hath 
not  despised  nor  abhorred  the  affliction  of  the  afflicted ; 
neither  hath  he  hid  his  face  from  him,  but  when  he 
cried  unto  him  he  heard.  Though  he  cause  grief,  yet 
will  he  have  compassion  according  to  the  multitude  of 
his  mercies.  For  he  doth  not  afflict  willingly,  nor 
grieve  the  children  of  men. 

"  If  ye  endure  chastening,  God  dealeth  with  you  as  with 
sons ;  for  what  son  is  he  whom  the  father  chasteneth 
not?  My  son,  despise  not  thou  the  chastening  of  the 
Lord,  nor  faint  when  thou  art  rebuked  of  him;  for 
whom  the  Lord  loveth  he  chasteneth,  and  scourgeth 
every  son  whom  he  receiveth.  And  thou  shalt  remem- 
ber all  the  way  which  the  Lord  thy  God  led  thee,  to 
humble  thee,  and  to  prove  thee,  to  know  what  was  in 
thy  heart,  whether  thou  wouldst  keep  his  command- 
ments or  no ;  that  the  trial  of  your  faith,  being  much 
more  precious  than  of  gold  that  perisheth,  though  it  be 
tried  with  fire,  might  be  found  unto  praise,  and  honor, 
and  glo%y,  at  the  appearing  of  Jesus  Christ. 

"  God  hath  comforted  his  people,  and  will  have  mercy 
upon  his  afflicted.  Blessed  be  God,  even  the  Father  of 
our  Lord  Jesus  Christ,  the  Father  of  mercies  and  the 
God  of  all  comfort,  who  comforteth  us  in  all  our  tribu- 
lation, that  we  may  be  able  to  comfort  them  which  are 
in  any  trouble,  by  the  comfort  wherewith  we  ourselves 
are  comforted  of  God.  He  shall  deliver  thee  in  six  trou- 


288  MANUAL  OF  LAW  AND  USAGE. 

bles,  3Tea,  in  seven  there  shall  no  evil  touch  thee.  Wait 
on  the  Lord:  be  of  good  courage,  and  he  shall  strength- 
en thy  heart:  wait,  I  say,  on  the  Lord. 

"  Let  not  your  heart  be  troubled ;  ye  believe  in  God, 
believe  also  in  me.  In  my  Father's  house  are  many 
mansions.  If  it  were  not  so,  I  would  have  told  you.  I 
go  to  prepare  a  place  for  you,  that  where  I  am  there  ye 
may  be  also. 

"  But  I  would  not  have  you  to  be  ignorant,  brethren, 
concerning  them  which  are  asleop,  that  ye  sorrow  not 
even  as  others  which  have  no  hope.  For  if  we  believe 
that  Jesus  died  and  rose  again,  even  so  them  also  which 
sleep  in  Jesus  will  God  bring  with  him." 

At  the  Funeral  of  a  Child.   , 

"And  David  said,  while  the  child  was  yet  alive  I  fasted 
and  wept:  for  I  said,  who  can  tell  whether  God  will  be 
gracious  to  me,  that  the  child  may  live?  But  now  he 
is  dead,  wherefore  should  I  fast?  Can  I  bring  him  back 
again?  I  shall  go  to  him,  but  he  shall  not  return  to 
me. 

"But  Jesus  said,  suffer  little  children,  and  forbid  them 
not,  to  come  unto  me,  for  of  such  is  the  kingdom  of 
heaven.  It  is  not  the  will  of  your  Father  which  is  in 
heaven  that  one  of  these  little  ones  should  perish.  For 
I  say  unto  you  that  in  heaven  their  angels  do  always 
behold  the  face  of  my  Father  which  is  in  heaven. 

"0  Lord,  our  Lord,  how  excellent  is  thy  name  in  all 
the  ea^-th.  Out  of  the  mouth  of  babes  and  sucklings 
thou  hast  perfected  praise.  I 'thank  thee,  0  Father, 
Lord  of  heaven  and  earth,  because  thou  hast  hid  these 


BU11IAL  OF  THE  DEAD.  289 

things  from  the  wise  and  the  prudent,  and  hast  revealed 
them  unto  babes.  Even  so,  Father,  for  so  it  seemed  good 
in  thy  sight. 

"  The  Lord  gave,  and  the  Lord  hath  taken  away : 
blessed  be  the  name  of  the  Lord." 

After  the. exhortation  or  address  the  following  pray- 
ers, or  a  portion  of  them,  may  be  offered : 
Prayer  for  Resignation. 

O  Lord  God,  our  heavenly  Father,  who  alone  art  the 
author  and  the  disposer  of  our  life,  from  whom  our  spir- 
its have  come,  and  to  whom  they  shall  return:  we  ac- 
knowledge thy  sovereign  power  and  right  both  to  give 
and  to  take  away,  as  seemeth  good  in  thy  sight;  and 
we  most  humbly  beseech  thee,  that  unto  all  thy  right- 
eous dealings  we  may  yield  ourselves  with  due  resigna- 
tion and  patience ;  being  assured  that  though  we  under- 
stand not  the  mystery  of  thy  ways,  yet  always  in 
faithfulness,  O  Lord,  dost  thou  afflict  us,  and  for  thy 
mercy's  sake,  through  Jesus  Christ  our  Lord:  Amen. 
For  Bereaved  Friends. 

Almighty  and  most  merciful  God,  the  consolation  of 
the  sorrowful,  and  the  support  of  the  weary,  who  dost 
not  willingly  grieve  or  afflict  the  children  of  men,  look 
down  in  tender  love  and  pity,  we  beseech  thee,  upon 
thy  bereaved  servants,  whose  joy  is  turned  into  mourn- 
ing, and  according  to  the  multitude  of  thy  mercies  be 
pleased  to  uphold,  strengthen,  and  comfort  them,  that 
they  may  not  faint  under  thy  fatherly  chastening  ;  but 
find  in  thee  their  strength  and  refuge,  through  Jesus 
Christ  our  Lord:  Amen. 
19 


290  MANUAL  OF  LAW  AND  USAGE. 

For  Bereaved  Children. 
Defend,  0  Lord,  these  bereaved  children  with  thy 
heavenly  grace.  Let  thy  fatherly  hand  ever  be  over 
them;  let  thy  Holy  Spirit  ever  be  with  them;  and  so 
lead  them  in  the  knowledge  and  obedience  of  thy  word, 
that  daily  they  may  increase  in  thy  holy  spirit  more 
and  more,  and  in  the  end  obtain  everlasting  life,  through 
Jesus  Christ  our  Lord  :  Amen. 

For  Bereaved  Parents. 

0  Almighty  God,  who  out  of  the  mouth  of  babes  and 
sucklings  hast  ordained  strength,  and  makest  even  in- 
fants to  glorify  thee  by  their  deaths ;  comfort  these 
bereaved  parents,  we  beseech  thee  with  thy  love  and 
favor,  and  strengthen  them  by  thy  grace,  that  with 
submission,  faith,  and  thankful  hope,  they  may  yield 
their  offspring  to  thee,  through  our  Saviour  and  Lord 
Jesus  Christ:  Amen. 

For  the  Right  Use  of  Affliction. ' 
0  God,  whose  days  are  without  end,  and  whose  mer- 
cies cannot  be  numbered,  make  us,  we  beseech  thee, 
deeply  sensible  of  the  shortness  and  uncertainty  of 
human  life;  and  let  thy  Holy  Spirit  lead  us  through 
this  vale  of  misery  in  holiness  and  righteousness  all  the 
days  of  our  lives,  that  when  we  shall  have  served  thee 
in  our  generation  we  may  be  gathered  unto  our  fathers, 
having  the  testimony  of  a  good  conscience,  in  the  com- 
munion of  thy  church,  in  the  confidence  of  a  certain 
laith,  in  the  comfort  of  a  reasonable,  religious,  and 
holy  hope,  in  favor  with  thee,  our  God,  and  in  perfect 


BURIAL  OF  THE  DEAD.  29 X 

charity  with  the  world.  All  which  we  ask  through 
Jesus  Christ  our  Lord-.  Amen. 

The  following  services  are  to  be  rendered  at  the  grave: 

"I  am  the  resurrection  and  the  life,  saith  the  Lord. 
He  that  believeth  in  me,  though  he  were  dead,  yet 
shall  he  live ;  and  whosoever  liveth  and  believeth  in 
me  shall  never  die. 

"  I  know  that  my  Redeemer  liveth,  and  that  he  shall 
stand  at  the  latter  day  upon  the  earth.  And  though 
after  my  skin  worms  destroy  this  body,  yet  in  my  flesh 
shall  I  see  God,  whom  I  shall  see  for  myself,  and  mine 
eyes  shall  behold,  and  not  another." 

Forasmuch  as  it  hath  pleased  Almighty  God  to  take 
out  of  this  world  the  soul  of  his  servant  departed,  we 
therefore  commit  his  body  to  the  ground:  earth  to  earth, 
ashes  to  ashes,  dust  to  dust;  looking  for  the  general  res- 
urrection in  the  last  day,  and  the  life  of  the  world  to 
come,  through  our  Lord  Jesus  Christ,  at  whose  second 
coming  in  glorious  majesty  to  judge  the  world  the  earth 
and  the  sea  shall  give  up  their  dead,  and  the  corrupti- 
ble bodies  of  those  who  sleep  in  him  shall  be  changed 
and  made  like  unto  his  own  glorious  body,  according 
to  the  mighty  working  whereby  he  is  able  to  subdue 
all  things  unto  himself. 

"  I  heard  a  voice  from  heaven,  saying  unto  me,  Write, 
Blessed  are  the  dead  which  die  in  the  Lord  from  hence- 
forth: Yea,  saith  the  Spirit,  that  they  may  rest  from 
their  labors;  and  their  works  do  follow  them." 

Prayer. 
0  merciful  God,  the  Father  of  our  Lord  Jesus  Christ. 


292  MANUAL  OF  LAW  AND  USAGE. 

who  is  the  resurrection  and  the  life;  in  whom  whosoever 
believeth  shall  live,  though  he  die ;  and  whosoever  liv- 
eth  and  believeth  in  him  shall  not  die  eternally ;  who 
also  hath  taught  us,  by  his  holy  Apostle  St.  Paul,  not 
to  be  sorry,  as  men  without  hope,  for  those  who  sleep 
in  him ;  we  humbly  beseech  thee,  O  Father,  to  raise  us 
from  the  death  of  sin  unto  the  life  of  righteousness; 
that  when  we  shall  depart  this  life,  we  may  rest  in 
him ;  and  that  at  the  general  resurrection  in  the  last 
day  we  may  be  found  acceptable  in  thy  sight,  and  re- 
ceive that  blessing  which  thy  well-beloved  Son  shall 
then  pronounce  to  all  who  love  and  fear  thee,  saying, 
Come,  ye  blessed  children  of  my  Father,  receive  the 
kingdom  prepared  for  you  from  the  beginning  of  the 
world.  Grant  this,  we  beseech  thee,  0  merciful  Father, 
through  Jesus  Christ  our  Mediator  and  Redeemer: 
Amen. 

The  grace  of  our  Lord  Jesus  Christ,  and  the  love  of 
God,  and  the  communion  of  the  Holy  Ghost,  be  with 
us  all  evermore:  Amen. 


MISCELLANEOUS.  293 

CHAPTER  XXIX. 

MISCELLANEOUS. 

§  618.  The  aim  of  the  Sustentation 
Scheme  is  to  make  the  minimum  of  salary 
in  the  full  pastoral  charges  $1,000  per  an- 
num. 

§619.  Only  those  churches  shall  be,  at 
present,  entitled  to  aid  from  the  Sustenta- 
tion Fund  who  are  paying  the  pastor  an 
average  of  $7.30  per  annum  for  each  mem- 
ber. 

§  620.  The  various  Boards  of  the  Church 
have  prepared  blank  forms  for  application 
to  them  for  aid.  To  these  forms  they 
strictly  adhere. 

§  621.  In  the  statistical  report  to  Pres- 
bytery the  church  Session  will  include  un- 
der— 

(a)  Home  Missions,  all  moneys  collect- 
ed for  the  purpose,  whether  for  the  board 


294  MANUAL  OF  LAW  AND  USAGE. 

or  for  any  home  missionary  operation, 
including  mission  schools;  carried  on 
in  connection  with  the  Presbyterian 
Church. 

(b)  Foreign  Missions,  all  contributions 
for  the  spread  of  the  gospel  in  foreign 
lands. 

(c)  Education,  all  that  is  given  for  the 
education  of  candidates  for  the  ministry, 
whether  to  the  Board  or  otherwise ;  for 
theological  seminaries,  Presbyterian  col- 
leges, academies,  and  parochial  schools. 

(d)  Publication,  all  moneys  contrib- 
uted to  the  Board,  and  for  synodical 
and  presbyterial  depositories  and  col- 
portage. 

(e)  Church  Erection,  all  contributions 
for  church  erection,  outside  of  the  congre- 
gation, whether  through  the  Board  or 
otherwise. 

(/)  Belief  Fund,  all  moneys  contrib- 
uted for  the  support  of  disabled  minis- 
ters and  to  aid  the  families  of  deceased 
ministers. 

(g)  Freedmen,  all  moneys  contributed 


MISCELLANEOUS.  295 

to  the  evangelization  and  education  of 
freedmen,  whether  through  the  Board  01 
otherwise. 

(A)  Commissioners'  Fund,  as  at  pres- 
ent. 

(i)  The  31inister's  Salary. 

(k)  Congregational ,  all  moneys  con- 
tributed for  the  congregation,  (except- 
ing the  minister's  salary,)  the  support 
of  the  parish  Sunday  schools,  the  relief 
of  the  poor  of  the  congregation,  building 
and  repairing  churches,  liquidation  of 
debts,  and  current  expenses. 

(I)  Miscellaneous,  all  other  collections 
for  bible  and  tract  societies,  etc.,  and  for 
general  benevolence. — 31.  G.A.  1871, p. 
589. 

§  622.  Subjects  of  exegesis  for  candidates 
on  trial  for  ordination:  De  regimine  ec- 
clesiae.  An  fides  sola  justificet?  An 
Christus  pro  omnibus  et  singulis  sit  mor- 
tuus?  De  sanctorum  perseverantia.  De 
necessitate  specialis  spiritus  sancti  opera- 
tionis  ad  conversionem.    De  materia  justi- 


296  MANUAL  OF  LAW  AND  USAGE. 

ficationis.  An  foedus  circumcisione  signa- 
tum,  a  fcedere  evangelico  essentialiter  dif- 
ferat?  De  libero  arbitrio.  An  justifica- 
tio  nostra  sit  ab  fceterno,  aut  in  tempore 
pra3stita?  An  lex  natura3  sit  sufficiens  ad 
salutem?  De  Ohristi  divinitate.  Dejus- 
tificatione  fidei.  An  dies  sabbatica  Ohristi 
ecclesia  tenenda  est?  De  peccato  originate. 
Quo  sensu  bona  opera  ad  salutem  necessa- 
ria?  Quid  est  poenitentia?  Quae  sunt  causa 
efficiens  et  object  us  fidei? 

§  623.  The  maximum  paid  by  the  Board 
of  Education  to  students  is,  to  each  theo- 
logical student  under  its  care,  §200  per 
annum;  to  each  collegiate  student,  §160; 
to  each  academical  student,  $120. — 31.  G. 
A.  1862,  p.  19. 

§  624.  The  Board  of  Education  will  re- 
ceive no  candidate  under  its  care  for  the 
ministry  until  he  has  been  a  member  of  the 
church  at  least  one  year,  and  has  also  pass- 
ed his  classical  studies  for  an  academic  year, 
except  in  extraordinary  cases,  to  be  deter- 
mined by  the  board.— if.  G.  A.  1872,  p.  19. 


MISCELLANEOUS.  297 

§  625.  The  official  records  of  the  two 
branches  of  the  church  are  regarded  as 
making  up  the  one  history  of  the  church 
during  the  period  of  their  separation,  but 
no  rule  or  precedent  not  sanctioned  or  ap- 
proved by  both  branches  or  by  the  reunited 
church  shall  be  of  any  authority,  save  in 
so  far  as  it  may  affect  the  rights  of  pro- 
perty founded  thereon. — History  Reunion, 
p.  312. 

§  626.  The  only  scriptural  and  lawful 
grounds  of  divorce  recognized  in  the  church 
are  adultery  and  willful  and  obstinate 
desertion. — 0.  F.  ch.  xxiv,  par.  vi. 

§  627.  A  person  divorced  on  either  of  the 
aforesaid  grounds,  where  the  proceeding 
has  been  conducted  in  a  cautious,  serious, 
and  lawful  manner,  may  be  again  married, 
without  incurring  the  censure  of  the  church 
or  forfeiting  any  privilege  in  the  same  to 
which  he  may  be  otherwise  entitled. — 31. 
G.  A.  1790,  p.  28;  M.  N.  S.  G.  A.  1858, 
p.  599,  600. 


298  MANUAL  OF  LAW  AND  USAGE. 

§  628.  Decisions  of  the  Assemblies  on 
the  elder  question  : 

A  congregation  cannot  form  rules  which  would  make 
it  lawful  for  any  Elder  to  lay  aside  his  office.  The  mode 
of  electing  elders  for  a  term  of  years  is  irregular  and 
ought  in  future  to  be  abandoned,  but  cannot  invalidate 
the  ordination  of  persons  thus  elected  and  ordained  to 
the  office  of  ruling  elder. — O.  A.  1835, p.  471. 

The  most  obvious  and  natural  construction  of  our 
form  of  government  does  not  contemplate  a  rotatory 
eldership;  and  while  such  an  organization  of  a  Session 
is  not  anti-presbyterial,  yet  the  Assembly  would  dis- 
courage the  adoption  of  the  principle  in  our  Church, 
from  respect  to  the  plain  meaning  of  our  rule;  but 
nothing  in  this  resolution  is  intended  to  disturb  the 
relations  of  those  churches  which  have  adopted  the 
principle  of  a  limited  period  in  the  service  of  elders. — 
N.S.G.A.  1862,  p.  34. 

Judicial  Case  No.  1. — The  case  seemed  to  present,  in 
judicial  form,  the  question  of  the  interpretation  of  our 
Constitution  concerning  the  election  of  elders  and  dea- 
cons ;  and  yet  many  of  the  Assembly  do  not  regard  it  as 
really  involving  that  question.  Hence,  in  defining  its 
own  action,  the  Assembly  is  not  to  be  understood  as 
deciding  that,  in  any  case,  the  actual  service  of  the 
eldership  should  be  either  permanent  or  limited;  but, 
while  the  office  is  perpetual,  the  time  of  its  exercise  in 
each  individual  congregation  may  be  left  to  the  decision 
of  the  church  itself,  according  to  the  mode  approved  of 
and  in  use  in  such  church. — Q.  A.  1872.  p.  75. 


APPENDIX. 


A. 

GENERAL  RULES  FOR  JUDICATORIES. 

The  following  are  the  Rules  of  the  General  Assembly, 
a3  amended  in  1871: 

I.  The  moderator  shall  take  the  chair  precisely  at  the 
hour  to  which  the  judicatory  stands  adjourned;  and 
shall  immediately  call  the  members  to  order;  and  on 
the  appearance  of  a  quorum,  shall  open  the  session  with 
prayer. 

II.  If  a  quorum  be  assembled  at  the  hour  appointed, 
and  the  moderator  be  absent,  the  last  moderator  present, 
or  if  there  be  none  the  senior  member  present,  shall  be 
requested  to  take  his  place  without  delay  until  a  new 
election. 

III.  If  a  quorum  be  not  assembled  at  the  hour  ap- 
pointed, any  two  members  shall  be  competent  to  adjourn 
from  time  to  time,  that  an  opportunity  may  be  given 
for  a  quorum  to  assemble. 

IV.  It  shall  be  the  duty  of  the  moderator  at  all  times 
to  preserve  order,  and  to  endeavor  to  conduct  all  busi- 
ness before  the  judicatory  to  a  speedy  and  proper  result. 

299 


300  APPENDIX. 

V.  It  shall  be  the  duty  of  the  moderator  carefully 
to  keep  notes  of  the  several  articles  of  business  which 
may  be  assigned  for  particular  days,  and  to  call  them 
up  at  the  time  appointed. 

VI.  The  moderator  may  speak  to  points  of  order  in 
preference  to  other  members,  rising  from  his  seat  for 
that  purpose;  and  shall  decide  questions  of  order,  sub- 
ject to  an  appeal  to  the  judicatory  by  any  two  mem- 
bers. 

VII.  The  moderator  shall  appoint  all  committees,  ex- 
cept in  those  cases  in  which  the  judicatory  shall  decide 
otherwise. 

VIII.  When  a  vote  is  taken  by  ballot  in  any  judi- 
catory, the  moderator  shall  vote  with  the  other  mem- 
bers; but  he  shall  not  vote  in  any  other  case,  unless  the 
judicatory  be  equally  divided ;  when,  if  he  do  not  choose 
to  vote,  the  question  shall  be  lost. 

IX.  The  person  first  named  on  any  committee  shall 
be  considered  the  chairman  thereof,  whose  duty  it  shall 
be  to  convene  the  committee ;  and  in  case  of  his  absence 
or  inability  to  act,  the  second  named  member  shall  take 
his  place  and  perform  his  duties. 

X.  It  shall  be  the  duty  of  the  clerk,  as  soon  as  pos- 
sible after  the  commencement  of  the  sessions  of  every 
judicatory,  to  form  a  complete  roll  of  the  members  pres- 
ent, and  put  the  same  into  the  hands  of  the  moderator; 


GENERAL  RULES  FOR  JUDICATORIES.      301 

and  it  shall  also  be  the  duty  of  the  clerk,  whenever  any 
additional  members  take  their  seats,  to  add  their  names, 
in  their  proper  places,  to  the  said  roll. 

XI.  It  shall  be  the  duty  of  the  clerk  immediately  to 
file  all  papers,  in  the  order  in  which  they  have  been 
read,  with  proper  indorsements,  and  to  keep  them  in 
perfect  order. 

XII.  The  minutes  of  the  last  meeting  of  the  judica- 
tory shall  be  presented  at  the  commencement  of  its  ses- 
sions, and  if  requisite  read  and  corrected. 

XIII.  Business  left  unfinished  at  the  last  sitting  is 
ordinarily  to  be  taken  up  first. 

XIV.  A  motion  made  must  be  seconded,  and  after- 
wards repeated  by  the  moderator  or  read  aloud,  before 
it  is  debated;  and  every  motion  shall  be  reduced  to 
writing,  if  the  moderator  or  any  member  require  it. 

XV.  Any  member  who  shall  have  made  a  motion 
shall  have  liberty  to  withdraw  it,  with  the  consent  of 
his  second,  before  any  debate  has  taken  place  thereon; 
but  not  afterwards,  without  the  leave  of  the  judicatory. 

XVI.  If  a  motion  under  debate  contain  several  parts, 
any  two  members  may  have  it  divided,  and  a  question 
taken  on  each  part. 

XVII.  When  various  motions  are  made  with  respect 


302  APPENDIX. 

to  the  filling  of  blanks  with  particular  numbers  and 
times,  the  question  shall  always  be  first  taken  on  the 
highest  number  and  the  longest  time. 

XVIII.  Motions  to  lay  on  the  table,  to  take  up  busi- 
ness, to  adjourn,  and  the  call  for  the  previous  question, 
shall  be  put  without  debate.  On  questions  of  order, 
postponement,  or  commitment,  no  member  shall  speak 
more  than  once.  On  all  other  questions  each  member 
may  speak  twice,  but  not  oftener,  without  express  leave 
of  the  judicatory. 

XIX.  When  a  question  is  under  debate,  no  motion 
shall  be  received,  unless  to  adjourn,  to  lay  on  the  table, 
to  postpone  indefinitely,  to  postpone  to  a  day  certain, 
to  commit,  or  to  amend;  which  several  motions  shall 
have  precedence  in  the  order  in  which  they  are  herein 
arranged;  and  the  motion  for  adjournment  shall  always 
be  in  order. 

XX.  An  amendment,  and  also  an  amendment  to  an 
amendment,  may  be  moved  on  any  motion  ;  but  a  mo- 
tion to  amend  an  amendment  to  an  amendment  shall 
not  be  in  order.  Action  on  amendments  shall  precede 
action  on  the  original  motion. 

XXI.  A  distinction  shall  be  observed  between  amotion 
to  lay  on  the  table  for  the  present,  and  a  motion  to  lay  on 
the  table  unconditionally,  viz:  A  motion  to  lay  on  the 
table  for  the  present  shall  be  taken  without  debate,  and, 
if  carried  in  the  affirmative,  the  effect  shall  be  to  place 


GENERAL  RULES  FOR  JUDICATORIES.      303 

the  subject  on  the  docket,  and  it  may  be  taken  up  and 
considered  at  any  subsequent  time.  But  a  motion  to  lay 
on  the  table  unconditionally  shall  be  taken  without  de- 
bate, and  if  carried  in  the  affirmative,  it  shall  not  be  in 
order  to  take  up  the  subject  during  the  same  meeting  of 
the  judicatory,  without  a  vote  of.reconsideration. 

XXII.  The  previous  question  shall  be  put  in  this 
form,  namely  :  "Shall  the  main  question  be  now  put?" 
It  shall  only  be  admitted  when  demanded  by  a  major- 
ity of  the  members  present,  and  the  effect  shall  be  to 
put  an  end  to  all  debate,  and  bring  the  body  to  a  direct 
vote,  first,  on  a  motion  to  commit  the  subject  under  con- 
sideration, (if  such  motion  shall  have  been  made;)  sec- 
ondly, if  the  motion  for  commitment  does  not  prevail, 
on  pending  amendments;  and  lastly,  on  the  main  ques- 
tion. 

XXIII.  A  question  shall  not  be  again  called  up  or 
reconsidered  at  the  same  sessions  of  the  judicatory  at 
which  it  has  been  decided,  unless  by  the  consent  of  two- 
thirds  of  the  members  who  were  present  at  the  decision  ; 
and  unless  the  motion  to  reconsider  be  made  and  sec- 
onded by  persons  who  voted  with  the  majority. 

XXIV.  A  subject  which  has  been  indefinitely  post- 
poned, either  by  the  operation  of  the  previous  question 
or  by  a  motion  for  indefinite  postponement,  shall  not  be 
again  called  up  during  the  same  sessions  of  the  judica- 
tory, unless  by  the  consent  of  three-fourths  of  the 
members  who  were  present  at  the  decision. 


304  APPENDIX. 

XXV.  Members  ought  not,  without  weighty  reasons,' 
to  decline  voting,  as  this  practice  might  leave  the  de- 
cision of  very  interesting  questions  to  a  small  propor- 
tion of  the  judicatory.  Silent  members,  unless  excused 
from  voting,  must  be  considered  as  acquiescing  with  the 
majority. 

XXVI.  When  the  moderator  has  commenced  taking 
the  vote,  no  further  debate  or  remark  shall  be  admitted, 
unless  there  has  evidently  been  a  mistake,  in  which 
case  the  mistake  shall  be  rectified,  and  the  moderator 
shall  recommence  taking  the  vote. 

XXVII.  The  yeas  and  nays  on  any  question  shall 
not  be  recorded,  unless  required  by  one-third  of  the 
members  present. 

XXVIII.  No  member,  in  the  course  of  debate,  shall 
be  allowed  to  indulge  in  personal  reflections. 

XXIX.  If  more  than  one  member  rise  to  speak  at 
the  same  time,  the  member  who  is  most  distant  from 
the  moderator's  chair  shall  speak  first. 

XXX.  When  more  than  three  members  of  the  judi- 
catory shall  be  standing  at  the  same  time,  the  modera- 
tor shall  require  all  to  take  their  seats,  the  person  only 
excepted  who  may  be  speaking. 

XXXI.  Every  member,  when  speaking,  shall  ad- 
dress himself  to   the   moderator,  and  shall  treat  his 


GENERAL  RULES  FOR  JUDICATORIES.      305 

fellow-members,  and   especially   the  moderator,  with 
decorum  and  respect. 

XXXII.  No  speaker  shall  be  interrupted,  unless  he 
be  out  of  order,  or  for  the  purpose  of  correcting  mis- 
takes or  misrepresentations. 

XXXIII.  Without  express  permission,  no  member 
of  a  judicatory,  while  business  is  going  on,  shall  en- 
gage in  private  conversation;  nor  shall  members  ad- 
dress one  another,  nor  any  person  present,  but  through 
the  moderator. 

XXXIV.  It  is  indispensable  that  members  of  eccle- 
siastical judicatories  maintain  great  gravity  and  dig- 
nity while  judicially  convened;  that  they  attend 
closely  in  their  speeches  to  the  subject  under  considera- 
tion, and  avoid  prolix  and  desultory  harangues;  and 
when  they  deviate  from  the  subject,  it  is  the  privilege 
of  any  member,  and  the  duty  of  the  moderator,  to  call 
them  to  order. 

XXXV.  If  any  member  act  in  any  respect  in  a  dis- 
orderly manner,  it  shall  be  the  privilege  of  any  mem- 
ber, and  the  duty  of  the  moderator,  to  call  him  to  order. 

XXXVI.  If  any  member  consider  himself  aggrieved 
by  a  decision  of  the  moderator,  it  shall  be  his  privilege 
to  appeal  to  the  judicatory,  and  the  question  on  the 
appeal  shall  be  taken  without  debate. 

XXXVII.  No  member  shall  retire  from  any  judica- 
20 


306  APPENDIX. 

tory  without  the  leave  of  the  moderator,  nor  withdraw 
from  it  to  return  home  without  the  consent  of  the  judi- 
catory. 

XXXVIII.  AH  judicatories  have  the  right  to  sit  in 
private  on  business  which  in  their  judgment  ought  not 
to  be  matter  of  public  speculation. 

XXXIX.  Besides  the  right  to  sit  judicially  in  private, 
whenever  they  think  proper  to  do  so,  all  judicatories 
have  a  right  to  hold  what  are  commonly  called  "inter- 
locutory meetings,"  in  which  members  may  freely  con- 
verse together  without  the  formalities  which  are  usu- 
ally necessary  injudicial  proceedings. 

XL.  Whenever  a  judicatory  is  about  to  sit  in  a  judi- 
cial capacity,  it  shall  be  the  duty  of  the  moderator  sol- 
emnly to  announce  from  the  chair  that  the  body  is 
about  to  pass  to  the  consideration  of  the  business  as- 
signed for  trial,  and  to  enjoin  on  the  members  to  recol- 
lect and  regard  their  high  character  as  judges  of  a  court 
of  Jesus  Christ,  and  the  solemn  duty  in  which  they  are 
about  to  act.' 

XLI.  In  all  cases  before  a  judicatory,  when  there  is 
an  accuser  or  prosecutor,  it  is  expedient  that  there  be  a 
committee  of  the  judicatory  appointed,  (provided  the 
number  of  members  be  sufficient  to  admit  it  without 
inconvenience,)  who  shall  be  called  the  "Judicial  Com- 
mittee," and  whose  duty  it  shall  be  to  digest  and  arrange 
all  the  papers,  and  to  prescribe,  under  the  direction  of 


ACT  OF  INCORPORATION.  307 

the  judicatory,  the  whole  order  of  proceedings.  The 
members  of  this  committee  shall  be  entitled,  notwith- 
standing their  performance  of  this  duty,  to  sit  and  vote 
in  the  cause  as  members  of  the  judicatory. 

XLII.  But  in  cases  of  process  on  the  ground  of  gen- 
eral rumor,  where  there  is,  of  course,  no  particular 
accuser,  there  may  be  a  committee  appointed,  (if  con- 
venient,) who  shall  be  called  the  "Committee  of  Prose- 
cution," and  who  shall  conduct  the  whole  course  on  the 
part  of  the  prosecution.  The  members  of  this  commit- 
tee shall  not  be  permitted  to  sit  in  judgment  in  the 
case. 

XLIII.  The  moderator  of  every  judicatory  above  the 
church  Session,  in  finally  closing  its  sessions,  in  addi- 
tion to  prayer,  may  cause  to  be  sung  an  appropriate 
psalm  or  hymn,  and  shall  pronounce  the  apostolical 
benediction. 


ACT  OF  INCORPORATION..    . 

Be  it  enacted,  That  F.  H.,  N.  P.,  C.  W.,  A.  D.,  C.  R., 
and  their  associates,  who  are  now,  or  may  hereafter  be- 
come, members  of  the  congregation  of  the Pres- 
byterian church  of ,  in  the  ,  under  the 

rules,  regulations,  or  by-laws  of  the  same,  be,  and  they 
are  hereby,  created  a  body  corporate,  under  the  name  of 

"The  Congregation  of  the Presbyterian  Church 

of ,"  and  as  such  shall  have  perpetual  succession ; 


308  APPENDIX. 

may  purchase,  hold,  and  convey  personal  and  real  es- 
tate; make  contracts;  sue  and  be  sued;  plead  and  be  im- 
pleaded; and  may  generally  exercise  and  enjoy  all  such 
powers  as  are  usually  vested  in  corporations,  and  as 
may  be  necessary  or  incident  to  sustaining  religious 
worship,  Sabbath  schools,  missionary  and  charitable 
enterprises  in  the ,  and  no  others;  and  said  cor- 
poration shall  be  exempt  from  any  taxes  to  be  assessed 
upon  their  corporate  property  under  the  authority  of 

| ,  or  of  the  city  or  county  of :  Provided, 

That  the  value  of  all  property  so  exempt  shall  not  ex- 
ceed   dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  title  to  any 
lands,  buildings,  and  property,  heretofore  conveyed  to 
said  congregation,  or  to  any  person  or  persons  for  the 
use  and  benefit  of  the  same,  or  of  the  said Pres- 
byterian church,  is  hereby  vested  in  and  confirmed  to 
said  corporation. 

Sec.  3.  And  be  it  further  enacted,  That  it  shall  be 
lawful  for  said  congregation,  at  its  first  meeting  subse- 
quent to  the  passage  of  this  act,  to  be  held  at  such  time 
and  place  as  the  persons  named  in  the  first  section  of 
this  act  may  designate,  by  a  majority  of  the  members 
present,  to  adopt  such  by-laws  as  they  may  deem  expe- 
dient, regulating  the  government  of  said  corporation ; 
prescribing  the  number,  character,  and  duties  of  their 
officers,  and  the  manner  of  their  election;  defining  the 
terms  on  which  persons  may  become,  or  cease  to  be, 
members  of  said  corporation ;  and  providing  in  all  things 
for  the  holding  and  disposal  and  conveyance  of  its  real 
and  personal  estate,  and  for  the  management  of  said 


BY-LAWS.  309 

congregation;  which  by-laws  maybe  amended  or  re- 
pealed from  time  to  time,  under  such  regulations  as  said 
congregation  may  adopt:  Provided,  That  no  by-laws 
shall  be  adopted  or  remain  in  force  inconsistent  with 
the  Government  or  laws  of  the  United  States,  or  with 
,the  Constitution  and  authority  of  the  Presbyterian 
Church  in  the  United  States  of  America. 

Sec.  4.  And  be  it  further  enacted,  That reserves 

the  right  to  alter,  amend,  or  abolish  this  charter  at 
pleasure. 


Appeoved ■ 


C. 

BY-LAWS.* 

Art.  I. — Of  Officers. 

Section  1.  The  officers  of  this  congregation  shall  con- 
sist of  a  president,  clerk,  treasurer,  ancT trustees, 

a  majority  of  which  Trustees  shall  be  members  of  the 
church. 

Sec.  2.  It  shall  be  the  duty  of  the  president  to  pre- 
side at  all  meetings  of  the  congregation,  but  in  his  ab- 
sence a  temporary  presiding  officer  may  be  chosen. 

Sec.  3.  It  shall  be  the  duty  of  the  clerk  to  keep  a  list 
of  the  members  of  the  congregation,  to  keep  a  record  of 
the  proceedings  of  all  meetings  of  the  congregation,  and 
when  approved  by  them,  to  enter  the  same  in  a  suitable 

♦These  by-laws  make  a  distinction  between  the  church  and 
the  congregation,  and  have  reference  exclusively  to  meetings 
for  the  transaction  of  temporal  affairs. 


310  APPENDIX. 

book  to  be  kept  for  that  purpose  ;  to  file  and  carefully 
preserve  all  papers  of  which  he  may  have  the  custody  ; 
to  give  notice  of  annual  meetings  of  the  congregation; 
and  to  perform  generally  any  act  properly  pertaining 
to  his  office. 

Sec.  4.  It  shall  be  the  duty  of  the  Treasurer  to  keep 
an  account-book  and  also  a  bank-book,  both  of  which 
shall  be  the  property,  of  the  congregation,  and  shall  be 
open  at  all  times  to  the  board  of  trustees;  to  receive  all 
moneys  belonging  to  the  congregation,  and  promptly  to 
disburse  the  same  on  the  written  order  of  the  board  of 
trustees,  but  without  such  order  no  money  shall  be 
paid  by  him,  except  for  salaries  regularly  authorized, 
and  such  amounts  as  may  from  time  to  time  be  required 
by  the  Session  of  the  church  for  temporary  pulpit  sup- 
plies and  other  incidental  expenses  incurred  by  them. 
He  shall  present  a  detailed  statement  of  his  accounts  to 
the  board  of  trustees  at  their  regular  meeting  next  pre- 
ceding the  annual  meeting  of  the  congregation,  and  at 
such  other  periods  as  the  board  may  direct ;  and  shall 
give  bonds  for  the  faithful  discharge  of  his  duties  in 
such  sum  as  they  may  require. 

Sec.  5.  It  shall  be  the  duty  of  the  trustees  to  hold 
the  property  and  manage  the  financial  affairs  of  the  con- 
gregation, but  no  change  shall  be  made  in  the  salary  of 
the  pastor  or  rental  of  the  pews,  or  in  the  permanent 
fixtures  or  arrangement  of  the  church  building,  nor  shall 
expenses  be  incurred  by  them  amounting  in  the  aggre- 
gate to  more  than dollars  in  any  year,  without 

the  consent  of  the  congregation.  They  shall  meet  for 
the  transaction  of  business  at  least  once  each  month; 


BY-LAWS.  311 

shall  carefully  examine  and  audit  the  accounts  of  the 
treasurer;  and  present  at  each  annual  meeting  of  the 
congregation  a  statement  of  the  receipts  and  expendi- 
tures of  the  preceding  year,  with  an  estimate  of  the 
amount  required  for  the  ensuing  year.  They  shall  not 
(except  wiih  the  concurrence  of  two-thirds  of  the  mem- 
bers of  the  congregation  present  at  a  regular  meeting, 
at  least  one-half  of  whom  shall  be  members  of  the 
church,  notice  of  which,  on  two  consecutive  Sabbaths, 
stating  such  purpose,  shall  have  been  given)  convey, 
mortgage,  or  in  any  manner  encumber  the  title  to 
any  real  estate  held  by  them  in  trust  for  the  congrega- 
tion. 

Art.  II. — Of  Elections. 

Sec.  1.  The  President  and  Treasurer  shall  hold  their 
offices  respectively  for  one  year,  the  clerk  during  the 
pleasure  of  the  congregation,  and  the  trustees  for  three 
years;  but  at  the  first  election  the  person  receiving  the 
highest  number  of  votes  shall  hold  his  office  for  a  term 
of  three  years,  the  two  receiving  the  next  highest  num- 
ber two  years,  and  the  two  receiving  the  next  highest 
number  one  year :  Provided,  That  should  more  than  two 
receive  the  same  number,  or  more  than  one  the  highest 
number,  their  respective  terms  shall  be  determined  by 
lot,  and  the  vacancies,  as  they  occur  from  year  to  year, 
shall  be  filled  by  new  elections. 

Sec.  2,  The  regular  election  of  officers  shall  be  held 
at  the  annual  meetings  and  by  ballot,  and  each  officer 
shall  continue  in  office  until  his  successor  shall  be  elect- 
ed and  qualified  by  accepting  the  same  ;  but  vacancies 


312  APPENDIX. 

occurring  during  the  year  shall  be  filled  at  special  meet- 
ings of  the  congregation. 

Art.  III. — Of  the  Membership. 

The  members  of  this  congregation,  under  its  corporate 
charter,  shall  consist  of  all  pew-holders  over  eighteen 
years  of  age  who  shall  have  occupied  and  paid  the  rent 

of  a  pew,  or  part  of  a  pew,  for  at  least months; 

but  no  member  shall  be  permitted  to  vote  at  any  meet- 
ing who  is  in  arrears  more  than months  ;  and  it 

shall  be  the  duty  of  the  clerk  to  drop  from  the  roll  of 
membership  of  the  corporation  any  person  whose-  dues 
shall  remain  unpaid  more  than  one  year:  Provided, 
That  all  communicants  of  the  church  shall  be  consid- 
ered as  members  of  the  congregation:  And  provided 
further,  That  the  persons  holding  certificates  enti- 
tling them  to  the  occupation  of  pews  in  consideration 
of  money  loaned  to  the  church  shall  not  be  considered 
in  arrears  of  rent. 

Art.  IV. — Of  Business  Meetings. 

Sec.  1.  The  annual  meeting  of  the  congregation  shall 

be  held  the  in  ,  of  each  year,  at 

o'clock, ,  in  the  lecture-room  of  the  church,  or  at 

such  time  and  place,  within  thirty  days  thereafter,  as 
the  trustees  shall  designate,  by  public  notice  of  the 
same  previously  given. 

Sec.  2.  Special  meetings  may  be  called  by  the  Session 
of  the  church,  by  the  deacons,  by  the  trustees,  or  at  the 
request  in  writing,  directed  to  the  Session  or  trustees, 
of— members  of  the  congregation,  giving  notice 


BY-LAWS.  313 

of  the  same  from  the  pulpit  the  Sabbath  immediately 
preceding,  at  the  regular  morning  service;  which  notice 
shall  state  specifically  the  business  to  be  transacted, 
and  no  other  business  shall  be  entertained  or  done  at 
such  meeting. 

Sec.  3.  A  quorum  for  the  transaction  of  business  shall 
consist  of members,  but  a  less  number  may  ad- 
journ from  time  to  time,  and  the  record  of  each  meeting 
shall  state  whether  a  quorum  was  present. 

Sec.  4.  All  meetings  of  the  congregation  shall  be 
opened  and  closed  with  prayer. 

Art.  V.. — Of  the  Church  Edifice. 

The  care,  preservation,  and  general  control  of  the 
church  edifice  shall  devolve  upon  the  trustees.  It  may 
be  opened  by  the  Session  at  any  time  for  meetings  for 
religious  purposes,  and  for  meetings  of  any  of  the  gener- 
ally recognized  and  approved  organizations  for  chris- 
tian enterprise  or  benevolence.  Applications  for  its  use 
for  any  other  purpose  shall  be  made  in  writing  to  the 
clerk  of  the  Session,  and  unless  deemed  improper  by  the 
Session,  shall  be  transmitted  by  them,  without  approval 
or  disapproval,  to  the  trustees,  who  shall  have  power 
to  grant  the  same  at  any  meeting  regularly  convened, 
all  the  members  present  concurring. 

Art.  VI. — Of  the  Relations  of  the  Church  and  Congre- 
gation. 

The  organization  of  this  congregation  is  understood 
and  declared  to  be  incidental  to  and  in  furtherance  of 
the  purposes  and  ends  of  the  organization  of  the 


314  APPENDIX. 

Presbyterian  Church  of ,  and  the  election  of  eld- 
ers and  deacons,  the  control  and  direction  of  public 
worship,  and  any  other  matter  of  business  which,  by 
authority  or  usage  of  the  Presbyterian  Church  in  the 
United  States,  pertains  exclusively  to  the  officers  of  the 
church  or  communicants  thereof,  shall  be  under  the  con- 
trol and  management  of  such  officers  and  communicants. 

Art.  VII. — Amendments. 

These  by-laws  may  be  amended  at  any  regular  meet- 
ing, three-fourths  of  the  members  present  concurring: 
Provided,  Notice  that  amendments  are  to  be  proposed 
Bhall  have  been  given  on  the  preceding  Sabbath. 


D. 
FORM  OF  ADMISSION  TO  THE  CHURCH. 

Address. 

Beloved  friends,  you  have  presented  yourselves  before 
God  and  this  assembly,  to  make  a  solemn  profession  of 
your  religious  faith,  and  to  take  upon  yourselves  ever- 
lasting obligations.  We  trust  that  you  have  duly  con- 
sidered the  nature  of  these  professions,  and  of  the  en- 
gagements into  which  you  are  about  to  enter.  They 
are  of  the  most  solemn  moment,  and  upon  the  faithful 
observance  of  them  your  eternal  happiness  will  depend. 

But  be  not  disheartened.  If  you  come  with  sincere 
desires  toward  God,  and  in  the  exercise  of  humble  faith 


FORMS  OF  ADMISSION  TO  THE  CHURCH.  315 

in  the  Saviour,  he  will  impart  to  you  grace  and  wis- 
dom, and  finally  make  you  partakers  of  eternal  blessed- 
ness. 

Profession  of  Faith. 

You  believe  in  the  existence  of  one  living  and  true 
God;  that  he  is  a  Spirit,  infinite,  eternal,  and  unchange- 
able in  his  attributes  and  perfections. 

You  believe  that  there  are  three  persons  in  the  god- 
head— the  Father,  the  Son,  and  the  Holy  Ghost;  and 
that  these  three  persons  are  one  godhead,  the  same  in 
substance,  and  equal  in  power  and  glory. 

You  believe  that  Jesus  Christ  is  very  God  and  very 
man,  yet  one  Christ;  that  two  perfect  and  distinct  na- 
tures, the  human  and  divine,  were  inseparably  joined 
in  one  person,  and  that  this  person  is  the  only  Mediator 
between  God  and  man.  You  believe  that  the  Lord 
Jesus  Christ,  by  his  perfect  obedience,  and  by  his  sac- 
rifice of  himself,  has  opened  a  way  of  reconciliation 
between  God  and  man ;  so  that  all  who  receive  Christ 
by  faith  may  be  forgiven  of  God,  and  saved  from  their 
sins. 

You  believe  that  our  first  parents,  being  left  to  the 
freedom  of  their  own  will,  fell  from  the  estate  wherein 
they  were  created,  by  sinning  against  God;  and  that 
their  fall  brought  mankind  into  an  estate  of  sin  and 
misery. 

You  believe  that  such  is  the  depravity  of  the  human 
heart,  that  ihe  Holy  Spirit  alone  is  able  to  bring  man 
to  repentance  and  to  faith. 

You  believe  the  Sacred  Scriptures  to  be  the  revealed 


316  APPENDIX. 

word  of  God,  and  as  such  the  only  infallible  rul"e  of  faith 
and  practice. 

You  believe  in  the  necessity  of  regeneration,  and  in 
the  promises  of  justification,  adoption,  and  final  per- 
severance, God's  free  gifts,  to  all  those  who  truly  repent 
of  their  sins  and  believe  on  the  Lord  Jesus  Christ. 

You  believe  that  Christ  has  instituted  an  external 
and  visible  church,  whose  sealing  ordinances,  to  the  end 
of  time,  are  baptism  and  the  Lord's  supper ;  and  that 
these  two  ordinances  are  the  only  sacraments  of  his 
church;  that  baptism  is  to  be  administered  to  all  who 
make  a  credible  profession  of  their  faith  and  to  their 
infant  children ;  that  the  Lord's  supper  is  to  be  admin- 
istered only  to  those  who  profess  to  have  been  renewed 
by  the  Holy  Spirit. 

You  believe  in  the  immortality  of  the  soul,  and  the 
resurrection  of  the  body;  in  a  day  of  judgment;  in  a 
future  and  eternal  state  of  reward  and  punishment. 

You  thus  profess  to  believe? 

[Here  the  ordinance  of  baptism  is  to  be  administered, 
if  necessary.] 

Covenant. 

In  the  presence  of  God  and  this  assembly,  you  do  now 
most  solemnly  avouch  the  Lord  Jehovah — Father,  Son, 
and  Holy  Ghost — to  be  your  God,  the  supreme  object 
of  your  affections,  and  your  portion  forever.  You  cor- 
dially acknowledge  the  Lord  Jesus  Christ  to  be  your 
Redeemer,  and  the  Holy  Spirit  to  be  your  Sanctifier, 
Comforter,  and  Guide.  You  cheerfully  devote  your- 
selves to  God,  in  the  everlasting  covenant  of  his  grace, 


FORMS  OF  ADMISSION  TO  THE  CHURCH.    31 7 

consecrating  all  your  powers  and  faculties  to  his  service 
and  glory;  and  you  promise  that  through  the  assistance 
of  his  Spirit  you  will  ever  cleave  to  him,  giving  dili- 
gent attendance  to  his  word  and  ordinances,  and  seeking 
the  honor  and  interest  of  his  kingdom ;  and  that  hence- 
forth, denying  all  ungodliness  and  every  worldly  lust, 
you  will  live  soberly,  righteously,  and  godly  in  this 
present  world. 

You  do  also  most  solemnly  promise,  that,  by  the  grace 
of  God  assisting,  you  will  maintain  a  holy  fellowship 
and  communion  with  this  christian  church,  in  the  wor- 
ship of  God,  in  a  punctual  attendance  upon  its  ordinan- 
ces, and  in  the  performance  of  such  other  spiritual  ser- 
vices as  may  tend  to  mutual  edification. 

You  do  also,  in  like  manner,  promise  that  you  will 
faithfully  submit  yourselves  to  the  government  and 
discipline  of  this  church,  and  that  you  will  walk  hum- 
bly and  circumspectly  in  all  its  requirements. 

You  thus  promise? 

[Here  the  members  of  the  church  will  rise.] 

In  consequence  of  these  professions  and  engage- 
ments, we  do  cordially  receive  you  into  our  holy  fel- 
lowship and  communion,  and  in  the  name  of  Christ 
welcome  you  to  all  its  immunities  and  privileges;  and 
on  our  part  do  most  solemnly  promise  to  be  kindly 
affectioned  toward  you,  watching  over  your  spiritual 
interests  and  promoting  your  spiritual  welfare  so  long 
as  God,  in  his  providence,  may  spare  us  to  each  other. 
Should  you  have  occasion  to  change  your  place  of  resi- 
dence, it  will  be  your  duty  to  seek,  and  ours  to  grant,  a 


318  APPENDIX. 

recommendation  to  another  church ;  for  hereafter  you 
can  never  withdraw  from  the  watch  and  communion  of 
saints  without  a  breach  of  covenant. 

And  now,  beloved  in  the  Lord,  let  it  never  be  for- 
gotten that  you  have  come  under  solemn  obligations, 
from  which  you  cannot  escape.  Wherever  you  go,  these 
vows  will  be  upon  you.  They  will  follow  you  to  the 
bar  of  God,  and  will  abide  upon  you  forever.  The 
Lord  guide  and  preserve  you. 

And  may  grace,  mercy,  and  peace,  from  God  the 
Father,  Christ  Jesus  our  Lord,  and  the  Holy  Spirit, 
ever  attend  this  holy  union:  Amen. 


E. 
FORM  OF  DOCKET. 

1.  Sermon  by  the  moderator. 

2.  Open  the  session  with  prayer. 

3.  Call  the  roll. 

4.  Elect  a  moderator. 

5.  Elect  temporary  clerk. 

6.  Read  the  minutes. 

7.  Report  of  committee  of  arrangements. 

8.  Adjourn. 

9.  Devotional  exercises. 

10.  Call  roll. 

11.  E,ead  minutes  of  last  session. 

12.  Call  absentees. 


FORM  OP  BEQUEST  TO  BOARDS.  319 

13.  Appoint  committees: 

(a)  Judicial. 

(6)  Bills  and  overtures. 

(c)  "j  r  Narrative  for  Synod. 

(d)  >  Fall  meeting,  -j  Statistics  for  Synod. 

(e)  J  v  Minutes  of  Gen.  Assembly. 

(c)  i  /  Narrative  for  Assembly. 

(d)  >  Spring  meet.  <  Statistics  for  Assembly. 

(e)  )  v.  Minutes  for  Synod. 
(/)  Treasurer's  accounts  and  assessments. 
(g)   Devotional  exercises. 

(A)  On  records. 

14.  Reference  of  papers  to  committees. 

15.  Fix  place  of  next  meeting. 

16.  Free  conversation  on  religion. 

17.  Report  of  (or  election  of)  Commissioners  to  Gen- 

eral Assembly. 

18.  New  business. 

19.  Reports  from  standing  committees. 

20.  Reports  from  temporary  committees. 

21.  Read  and  correct  minutes. 

22.  Adjourn. 


F. 

FORM  OF  BEQUESTS  TO  BOARDS. 

In  the  preparation  of  wills,  when  it  is  desired  to  make 
bequests  to  the  General  Assembly  or  any  of  its  Boards, 
care  should  be  taken  to  insert  the  corporate  name,  as 
known  and  recognized  in  the  courts  of  law. 


320  APPENDIX. 

Bequests  for  the  General  Assembly  should  be  made 
to  "  The  Trustees  of  the  General  Assembly  of  the  Presby- 
terian Church  in  the  United  States  of  America." 

Board  of  Home  Missions,  should  be  made  to  "  The 
Board  of  Home  Missions  of  the  Presbyterian  Church  in 
the  United  States  of  America,  incorporated  April  19th, 
1872,  by  act  of  the  Legislature  of  the  State  of  New 
York." 

Board  of  Foreign  Missions,  to  "  The  Board  of  For- 
eign Missions  of  the  Presbyterian  Church  in  the  United 
States  of  America." 

Board  of  Church  Erection,  to  "  The  Board  of 
Church  Erection  Fund  of  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America, 
incorporated  May  5th,  1871,  by  the  Legislature  of  the 
State  of  New  York." 

Board  of  Education,  to  "  The  Trustees  of  the  Board 
of  Education  of  the  Presbyterian  Church  in  the  United 
States  of  America." 

The  Committee  on  the  Ministerial  Relief  Fund 
are  not  incorporated,  and  require  the  following  form  of 


"  I  give  and  bequeath  to  my  executors,  hereinafter 

named, dollars,  in  trust,  nevertheless,  that  they 

shall,  within months  after  my  decease,  pay  the 

same  to  the  Trustees  of  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America, 
for  the  use  of  the  fund  for  disabled  ministers  and  their 
families. 

The  Committee  on  Freedmen  are  not  incorporated. 
Bequests  for  their  treasury  may  be  made  to  trustees  of 


CERTIFICATES.  321 

the  General  Assembly,  as  above,  to  be  appropriated  to 
this  object. 

G. 

CERTIFICATE  OF  DISMISSION. 

This  is  to  certify  that  is  a  member  in  good 

standing  of  the  church  of  ,  and  that 

he  is  hereby  dismissed  at  his  own  request,  and  affec- 
tionately recommended  to  the  fellowship  of ,  or 

of  any  other  church  in  our  communion  with  which 
God  in  his  providence  may  order  his  lot,  and  when  so 
received  his  responsibility  to  this  church  will  cease. 
By  order  of  Session. 

Moderator. 
Given  at ,  on  the day  of ,  18 — . 

J&g^This  certificate  is  valid  only  for  one  year  from  its  date, 
"except  where  there  is  no  opportunity  of  presenting  it  to  a 
church."    (See  Book  of  Discipline,  chapter  xi,  section  2.) 

H. 

CERTIFICATE  OF  RECEPTION. 

This  is  to  certify  that ,  recommended  by  the 

Session  of  the ,  was,  on  the day  of , 

18 — ,  received  as  a  member  in  good  and  regular  stand- 
ing of  the . 


Attest: 


Stated  Clerk. 


To 

21 


322  APPENDIX. 

I. 

LETTER  OF  CREDENCE. 

To  tLe Church  of and  Christian  people, 

greeting. 

This  testimonial  certifies  that  and  


are  members  in  good  standing,  communicants  in  the 

Presbyterian  church  of .    And  that  during 

their  temporary  sojourn  at ,  with  their  baptized 

children,  they  are  commended   to  the  fellowship   and 

care  of . 

And  should  they  remain,  they  are  directed,  as  early 
as  may  be  practicable,  to  transfer  their  connection  by 
regular  dismission  from  this  church. 

Given  by  order  of  Session: 

■ ,  Moderator. 

,  Clerk. 

Dated: ,  18—. 


K. 

PRESBYTERIAL  DISMISSION  OF  A  MINISTER. 

This  is  to  certify  that  the  Rev. is  a  member 

in  good  and  regular  standing  in  this  Presbytery,  and  is 
now,  at  his  own  request,  dismissed,  to  unite  with  the 

,  to  whose  fraternal  affection  and  fellowship  he 

is  hereby  cordially  recommended. 

Attest: . 


Stated  Clerk  of  the 


Done  in  Presbytery  on  this of ,  A.  D.  — . 


MARRIAGE  CERTIFICATE.  323 

L. 

PRESBYTERIAL  DISMISSION  OF  A  LICEN- 
TIATE. 

This  is  to  certify  that  Mr. is  a  licentiate  in 

good  and  regular  standing  under  the  care  of  this  Pres- 
bytery, and  that  he  is  at  his  own  request  dismissed,  to 

place  himself  under  the  care  of  the ,  to  whose 

ecclesiastical  supervision  and  affectionate  regard  he  is 
cordially  recommended. 

Attest:  . 

Stated  Clerk  of  the . 

Done  in  Presbytery  on  this of ,  A.  D.  — . 

M. 

MARRIAGE  CERTIFICATE. 

This  certifies  that ,  of ,  and ,  of 

■,  were  by  me  united  in  the  bonds  of  marriage,  at 

■   ,  on  the day  of ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and ,  conform* 

ably  to  the  ordinance  of  God  and  the  laws  of  the  State. 


Witnesses  present  at  the  marriage. 


INDEX 


[The  figures  refer  to  the  number  of  the  sections.] 

Adjourned  meeting,  476. 
Adjournment.     (See  Motion.) 
Amendment.    (See  Motion.) 
Appeal,  what  it  is,  434. 

appellant  must  prosecute  his,  445. 
a  litigious  appellant,  448. 
authentic  copies  of  all  the  proceedings  of  the 
lower  court  must  be  sent  up  with  an,  450, 
453. 
due  notice  of  an,  with  reasons,  must  be  given 

the  court  appealed  from,  438. 
decision  in  a  case  of,  what  it  may  be,  444. 
how  taken  up  and  considered,  441-443. 
limited  to  judicial  cases,  452. 
must  be  carried  to  the  next  higher  court,  439. 

lodged  with  the  clerk,  when,  440. 
members  of  the  court  appealed  from  cannot 

vote  on  an,  446. 
members  of  the  court  appealed  from,  when  not 

censurable,  447. 
necessary  operation  of  an,  449. 
notice  of,  continues  the  sentence  of  the  first 
court,  454. 

325 


326  INDEX. 

Appeal,  no  case  entered  except  by  original  party,  451. 
subjects  of  appeal,  436,  437. 
who  may  appeal,  435. 
who  are  original  parties,  442. 
from  the  chair,  509-511,  513. 
Assembly,  General,  what  it  is,  127. 

constituted,  how,  128. 
committee  on  commissions,  133. 

elections,  185. 
corresponding  members  of,  134. 
committees  of,  176-180. 
commissioners  cannot  vote  till  en- 
rolled, 132. 
clerks  of,  choice  not  confined  to  mem- 
bers, 160. 
clerk,  stated,  duties,  157. 

permanent,  duties,  158. 
clerks,  temporary,  duties,  159. 
delegates  to,  how  styled,  129. 
dissolved,  how,  161. 
legislate,  cannot,  146. 
meeting,  time  of,  151. 

how  often,  131. 
moderator  of,  absent,  153. 

election,  154,  155. 
installation,  156. 
may  reverse  the  acts  of  a  former 

Assembly,  148,  149. 
may  not  revise  the  proceedings  of 

a  former  Assembly,  150. 
organizing,  order  of,  152. 


INDEX.  327 

Assembly,  General,  ought  not  to  decide  questions  in 
thesi,  147. 
powers  of,  135-145. 
jurisdiction  of,  212-221. 
quorum  of,  130. 

Baptism  of  adults,  609. 

infants,  607,  608. 
Boards  of  the  Church,  mode  of  application  to,  for  aid, 
620. 
Education,  maximum    paid   to 

students  by,  623. 
Education,  will  not  aid  a  student 
until,  624. 
Blanks,  how  filled,  547-549. 
Business,  unfinished,  to  be  taken  up  first,  495. 
Burial  of  the  dead,  616,  617. 

Candidates  are  not  members  of  Presbytery,  252. 

belong  to  the  laity,  253. 

court  of  trial  of,  254,  256,  257. 

examined,  how,  243. 

evidence,  sources  of,  in  examining,  244. 

examination  as  to  education,  245-247. 

licensed,  by  whom,  239-241. 

licensing,  mode  of,  248. 

licensed,  how  long,  251. 

testimonials  necessary,  242. 

trials  continued  in  another  Presbytery,  249. 

when  removing  to  another  Presbytery,  250. 
Censure,  object  of,  357. 


328  INDEX. 

Censure,  how  inflicted,  358, 
Certificate,  when  not  valid,  26. 

members  when  received  on,  duty  of  Session, 

22. 
members  entitled  to,  of  dismission,  20. 

credence,  21. 
must  be  admitted  on,  except,  23. 
may  be  qualified,  24,  25. 
Church,  charters  and  other  legal  instruments,  18. 

children  baptized,  how  received  into,  28,  611, 

612. 
deacons  of,  16. 
elders  of,  15. 

formation  of  a,  how  to  proceed,  11-14. 
members  of,  their  rights,  33-38. 

to  whom  amenable,  29. 
non-communicants  of,  no  rights,  39,  40. 

their  privileges,  41. 
organization  of,  to  be  reported,  31. 
ordinances  of,  30. 

persons  received  into,  from  the  world,  27,  613. 
particular,  what  it  is,  32. 
rules  and  regulations  of,  17. 
trustees  of,  must  not  infringe  upon  the  Session, 

19. 
vacant,  283,  284. 
Citation,  314,  315. 

refusing  to  obey,  318. 
time  between  first  and  second,  319. 
second,  how  accompanied,  320. 
should  be  duly  served,  321. 


INDEX.  329 

Clerk,  stated,  duties  of,  481-486,  488,  489,  491. 

absence  of,  487.       , 
Constitution,  what  it  is,  1. 
provides,  5-8. 
recognizes,  2-4,  9. 
radical  principles  of,  10. 
Congregational  meeting,  by  whom  called,  42. 

majority  of  voters   may  de- 
mand a,  43,  264. 
minority  of,  may  complain  to 

Session,  48. 
minority  of,  may  go  from  Ses- 
sion to  Presbytery,  49. 
minority  of,  may  not  go  to 

Presbytery  direct,  50. 
minority  of,  may  not  appeal 

from  the  chair,  51,  52. 
must  not  usurp  the  authority 

of  Session,  53. 
no  vote  of,  can  affect  the  rights 

of  communicants,  54. 
who  presides  in  a,  44-47,  265. 
with   concurrence  of  Session 
may  refer  to  Presbytery,  55. 
Commitment.    (See  Motion.) 
Committees,  Assembly's,  176-184. 
congregational,  194. 
chairman  of,  527. 
can  only  act  in  a  body,  533. 
minority  of,  may  make  a  different  report, 
534. 


330  INDEX. 

Committees,  necessary  in  every  court,  175. 
presbyterial,  192. 
synodical,  187-191. 
sessional,  193. 

special,  how  appointed,  186,  529. 
special,  who  should  be  appointed  on,  531, 

532.    • 
standing,  when  announced,  528. 
when  not  at  liberty  to  sit,  536. 
report  of,  what  motion  necessary,  537. 
on  commissions  of  delegates,  185. 
Commission,  wha-t  it  is,  196. 

complaint  may  lie  against  a,  200. 
empowered,  197. 
decisions  of  provisional,  198. 
decisions,  no  appeal  from,  199. 
members  of,  sit  and  vote  in  court,  201. 
number  composing  a,  202. 
Courts,  number  of,  203. 
Complaint,  455. 

what  it  is,  456. 
effect  of  a,  460,461. 

members  of  a  court  complained  against  can- 
not vote,  462. 
moderators  of  the  superior  court  may  not 

preside,  467. 
mode  of  issuing  a,  466. 
notice  of,  with  reasons,  must  be  given,  458, 

459. 
when  proper,  457. 
will  not  lie,  463-465. 


INDEX.  331 

Debate,  member  must  obtain  the  floor  in  order  to,  504. 

members,  how  often  they  speak  in,  505-508. 

members  must  not  be  interrupted  in,  515. 

order  of  speaking  in,  when  two  members  rise 
to,  499. 

personal  reflection  forbidden  in,  518. 

personality,  what  constitutes  a,  in,  523. 

when  three  members  are  standing  in  course  of, 
524. 

when  not  allowable,  510-513. 
Deacons,  what  they  are,  223. 

duties  of,  76,  223. 

elected,  how,  224. 

ordained,  how,  227. 

office  of,  perpetual,  228. 

how  divested  of  office,  229-231. 

not  members  of  church  courts,  226. 

their  court  of  trial,  296. 
Decisions,  three  kinds  of,  404. 
administrative,  407. 
legislative,  406. 
judicial,  405. 
Dissent,  what  it  is,  393. 

must  be  recorded  on  the  minutes,  395. 

may  be  accompanied  with  complaint,  396. 

with  reasons,  401,  402. 
Divorce,  lawful  grounds  of,  626. 
Divorced  persons  may  again  marry,  627. 

Elder,  ruling,  222. 

court  of  trial  of,  296-298. 


332  INDEX. 

Elder,  ruling,  cannot  adjudicate  in  another  church,  237 
elected,  how,  224. 
ordained  and  installed,  how,  227. 
office  perpetual,  228,  628. 
divested  of  office,  how,  229. 
may  cease  to  act,  when,  230,  231. 
divested  of  office,  cannot  sit  in  a  court, 

232. 
may  be  re-elected,  233. 
must  be  installed  in  order  to  serve  in 

another  church,  234. 
dismissed,  how.  234. 
suspended,  how  restored,  235. 
deposition  and  excommunication,  236. 
not  a  member  of  Session  till  ordained, 

225,  238. 
represented  in  committees,  530. 
Exegesis,  subjects  of,  622. 
Excommunication,  design  of,  364. 

mode  of  inflicting,  363,  365,  366. 
restoring  from,  mode  of,  367,  368. 
restoring   from,  only    by   advice   ol 
Presbytery,  367. 

Interlocutory  meeting,  object  of,  538. 

how  to  enter  upon,  539. 
differs  from  a  committee  of  the 

whole,  540. 
no   note  taken  of  proceedings, 

541. 
how  to  terminate,  542. 


INDEX.  333 

Judicatories  may  sit  in  private,  543. 
Jurisdiction,  court  of  trial  for  laymen,  204. 

court  of  trial  for  ministers,  205. 

cases  may  be  carried  to  higher  courts,  206. 

cases  carried,  how,  206,  207. 

courts  of  original  trial,  209. 

constitution  confers,  215. 

Presbyteries,  210. 

Synods,  211. 

Assembly's,  212-214,  216,  220,  221. 

advisory  functions,  217. 

authoritative  functions,  218. 

authoritative,  how  evoked,  219. 

one  court  may  not  interfere  with  another's, 
without  liability  to  censure,  208. 

Licentiates,  belong  to  the  laity,  253. 
court  of  trial  of,  255-257. 
not  members  of  Presbytery,  252. 
may  be  deprived  of  their  license,  255. 
when  to  be  ordained,  259. 
order  of  ordaining,  260. 
when  ordained  members  of  Presbytery,  261. 
how  long  a  time  licensed,  251. 
Lord's  supper,  administration  of,  610. 

admission  of  children  to,  611. 
admission  of  unbaptized  persons,  611. 
distinction  to  be  observed  in  admitting, 
613. 

Marriage,  mode  of  solemnizing,  614,  615. 


334  INDEX. 

Memorial.     (See  Petition.) 

Members  of  a  church.     (See  Church  and  Congregational 

Meeting.) 
Members  of  a  court,  rights  of,  514,  516. 

duties  of,  517,519-521. 
may  be  called  to  order,  522. 
may  not  leave  without  permission, 
525. 
Minister,  process  against,  where  entered,  370. 
process  shall  not  be  commenced,  372. 
charges  against  a,  369,  373. 
conduct  of  trial  against  a,  371. 
prosecutor  of  a,  warned,  374. 
when  a,  refuses  to  obey  a  citation,  375. 
how  witness  against  a.,  at  a  distance,  are  ex- 
amined, 376,  377. 
when  a,  confesses  guilty,  how  to  proceed,  378 
when  a,  is  found  guilt)'  on  trial,  379. 
a,  charged  with  heresy  and  schism,  380,  381. 
a,  deposed,  when  to  be  restored,  382. 
pulpit  of  a  deposed,  to  be  declared  vacant,  383. 
Minutes,  when  presented  or  read,  493. 

when  published,  494. 
Missions,  how  supplied,  285,  286. 
Moderator,  absence  of,  153,  473. 

duties  of,  472,  478,  480,  490,  516. 
election  of,  154,  155,  492. 
installation  of,  156. 

may  ask  a  member  to  preside  temporarily, 
479. 
Motion,  must  be  seconded,  496,  498. 


INDEX.  335 

Motion,  how  to  make  a,  497. 

when  it  may  be  withdrawn,  500. 
first  made  first  put,  except,  544. 
Motion  to  adjourn  takes  precedence  of  every  other,  553. 
when  it  may  not  be  made,  554. 
cannot  be  amended,  555,  556. 
Motion  to  lay  on  the  table,  two  forms  of,  564. 
not  debatable,  564. 
effects  of  a,  564,  566. 
for  the  present  may  be  taken 

up,  565. 
decided  in  the  negative,  567. 
Motion  to  postpone,  definite  or  indefinite,  568. 
amendable,  568-570. 
indefinitely  may  be  reconsidered, 

572. 
must  be  put  before  amendment,  571. 
previous  question,  commitment,  or 
amendment  not  allowable,  591. 
Motion  to  commit  may  be  amended,  573. 

to  appropriate  committees,  574. 
takes  precedence  of,  575,  5-76. 
previous   question,  commitment   or 
amendment  not  allowable,  591. 
Motion  to  amend,  how  to  proceed  in  considering  reports 
or  other  papers,  577,  578. 
an  amendment  to  an  amendment  not 

allowable,  579. 
moderator  cannot  suppress  a,  though 

inconsistent,  580. 
by  striking  out,  581-585. 


336  INDEX. 

Motion  to  amend,  to  strike  out  and  insert,  586. 

by  inserting  or  adding,  587-590. 

must  be  put  before  the  original  ques- 
tion, 578. 

must  be  put  before  it  be  put  on  the 
amendment,  578. 

cannot  be  postponed,  591. 

cannot  be  committed,  592. 

the  previous  question  not  allowable, 
593. 

Offences,  character  of,  to  be  cognizable,  299. 

either  private  or  public,  300. 

private,  301-303. 

spreading  the  knowledge  of,  censurable,  304. 

public,  immediate  action  in  case  of,  305. 

limitation  of  time  for  process  against,  307. 

judicatory  may  seek  a  confession  from  accused, 
306. 

process  against,  by  whom  initiated,  308. 

who  must  prosecute  charges  for,  309,  310. 

general  rumor  of,  311. 

a  slandered  person  may  ask  an  investigation, 
312. 

cautious  in  receiving  accusations,  313. 

what  shall  be  done  by  the  judicatory  at  the 
first  meeting  to  try  a  member  for,  314. 

how  the  citation  shall  be  issued  against  a  mem- 
ber for,  315. 

accused  to  be  informed  of  the  names  of  wit- 
nesses, 316. 


INDEX.  337 

Offences,  times,  places,  and  circumstances  of,  should  be 
stated,  317. 

the  accused  or  a  witness  refusing  to  obey  a 
citation,  318. 

the  second  citation  for,  319,  320. 

citations  for,  should  be  duly  served,  321. 

the  accused  before  trial  excluded  from  Lord's 
table,  322. 

under  process  for,  elder  or  minister  may  be  de- 
prived of  his  privileges  in  his  court,  323. 

counsel  for  the  accused,  324. 

Officers   necessary  in  church  courts,  162,  477. 
in  church  Sessions,  163. 
in  Presbytery,  166-169. 
in  Synod,  173. 
in  General  Assembly,  174. 
moderator  presides,  164. 
clerk,  165,  170,  171. 
treasurer,  172. 
Orders  of  the  day,  take  precedence  of  all  motions  except, 
557. 
when  assigned  to  a  particular  hour, 

558. 
fall,  when,  559. 

Pastor,  title,  when  given,  262. 

by  whom  elected,  263,  266. 
mode  of  electing  a,  267,  £68. 
form  of  a  call  to,  269-274. 
if  the  call  be  to  a  licentiate,  275. 
22 


338  INDEX. 

Pastor,  must  be  installed,  276. 
how  installed,  281. 

must  become  a  member  of  the  Presbytery  to 
which  the  church  belongs  before  installation, 
277. 
may  not  receive  a  call  without  permission  of  the 

Presbytery,  278,  279. 
how  to  call  a,  from  another  Presbytery,  280. 
installation,  how  performed,  281. 
resignation  of  a,  282. 

must  resign  his  official  relations  to  Presbytery, 
282. 
Petition,  cannot  bring  a  judicial  case  before  a  superior 
court,  468,  469. 
what  it  is,  and  how  introduced,  501. 
contents  must  be  made  known,  502. 
how  received  by  a  court,  503. 
Previous  question.     (See  Question.) 
Presbytery,  consists  of  what,  79. 

corresponding  members  in,  89. 
cannot  dismiss  by  committee,  9G. 
cannot  dismiss  a  church,  99. 
commissioners  of,  to  General  Assembly,  102. 
commissioners  of,  how  paid,  104. 
commissions  of,  form,  103. 
duties  of,  85. 

deposed  ministers  of,  jurisdiction,  92. 
dismissed  ministers  of,  jurisdiction,  93,  94. 
dismission  must  be  to  a  particular  Presby- 
tery, 95. 
elders,  representation  in,  79-81,  90,  91, 101. 


INDEX.  339 

Presbytery,  foreign  ministers,  how  received  by,  105-113. 

jurisdiction  of,  210. 

vaay  refuse  to  install  a  minister,  100. 

member  of,  on  trial,  on  the  roll,  98. 

member  of,  suspended  on  the  roll,  97. 

opening  and  closing  of,  with  prayer,  98. 

powers  of,  84. 

pro  re  nata  meetings  of,  86,  87. 

quorum  of,  82,  83. 
Process  against  a  member.     (See  Offence.) 
Protest,  what  it  is,  394. 

must  be  recorded  on  the  minutes,  395. 
may  be  accompanied  with  complaint,  396. 
may  be  answered  for  reasons,  397. 
reply  of  protestants  not  allowable,  398. 
protestants  may  alter  their,  399. 
who  cannot  join  in  a,  400. 

Quorum,  sessional,  57,  58,  62. 

presbyterial,  82,  83. 

synodical,  116. 

Assembly's,  130. 

judicial,  287-295. 

absence  of  a,  two  members  may  adjourn,  475. 

no  business  can  be  transacted  without  a,  474. 
Question  under  debate,  what  motions  allowable,  546. 

division  of  a,  550,  551. 

division  of  a,  when  allowable,  552. 

division  when  called  for,  how  put,  596,  597. 

when  and  how  to  put  a,  to  vote,  594,  595. 

by  yeas  and  nays,  how  put,  598, 599, 601,  602. 


340  INDEX. 

Question  by  yeas  and  nays  must  be  recorded,  600. 
Questions  of  order,  how  decided,  509-511,  513. 

when  not  debatable,  510-513. 
Questions,  privileged,  545. 

conflicting,  591-593. 
Question,  previous,  use  of,  560. 

how  moved,  561. 

how  put,  562. 

effect  when  ordered,  562. 

effect  when  not  ordered,  563. 
Questions  coexisting,  603. 
equivalent,  604. 

Records,  must  be  reviewed  once  a  year  by  a  higher 
court,  408. 
must  be  sent  up  to  higher  court,  409. 
how  examined,  410. 
defective  or  irregular  proceedings  in,  411,  412, 

415. 
approved  cannot  be  altered,  418. 
Reference,  what  it  is,  419. 

proper  subjects  of,  420. 

is  for  advice  or  ultimate  trial,  421. 

for  advice  suspends  the  decision,  422. 

for  ultimate  trial  relinquishes  the  decision, 

422. 
should  not  be  made  hastily,  423. 
superior  court  not  bound  to  consider  a,  424. 
members  of  the  lower  court  retain  their  privi- 
leges in  a,  425. 
whither  carried,  426. 


INDEX.  341 

Reference,  testimony  and  documents  necessary  in  a,  427. 
original  testimony  may  be  taken  in  a,  428. 
complaint  or  appeal  does  not  lie  against, 
429-433. 
Review,  every  decision  and  proceeding  of  a  court  sub- 
ject to,  403,  408. 
judicial  proceeding  not  reversible  on,  413. 
irregularities  not  recorded,  how  to  proceed  on, 

414. 
members  of  a  judicatory  cannot  vote  on  their 

records,  416. 
a  case  cannot  be  issued  judicial^7-  upon,  417. 
Reconsideration,  number  necessary  for,  605. 

restores  the  question  to  the  house,  606. 
Rules  of  the  General  Assembly,  the  basis   of   proceed- 
ings, 470,  471.     (See 
Appendix.) 
what   are  regarded  as 
being  authority,  627. 
Report,  minority,  by  whom  made,  534. 

minority,  received  by  courtesy,  535. 
minority,  how  adopted,  535. 
of  committee,  how   considered  and  amended, 
577,  578. 

Session,  of  what  it  consists,  56. 
duties  of,  66,  67,  71-73. 
convened,  how,  65. 
clerk  of,  64. 
counsel  in,  77. 
moderator  of,  59-61,  63. 


342  INDEX. 

Session,  "poor  fund,"  no  control  over,  76. 

member  of,  dismissed,  70. 

what  it  may  do  with  absent  church  members,  75. 

suspended  members,  control  over,  74. 

dismissed  members,  jurisdiction,  68,  69. 

statistical  reports  of,  how  prepared,  621. 

quorum  of,  57,  58,  62. 
Sustentation  Scheme,  aim  of,  618. 

churches  entitled  to  aid  from,  619. 
Synod,  consists  of  what,  114. 

corresponding  members  of,  116. 

ratio  of  representation  in,  115. 

how  often  to  meet,  117. 

duty  of,  121. 

powers  of,  122. 

pro  re  nata  meetings  of,  119. 

time  and  place  of  meeting,  how  changed,  120. 

members  of  an  extinct  Presbytery  responsible 
to,  123. 

when  members  of  a  Presbytery  may  not  vote 
in,  124. 

exceptions  to  records  of  a  Presbytery  must  ba 
entered  in  the  minutes  of,  125. 

minutes  of,  must  be  read  and  approved,  126. 

quorum  of,  116. 

in  the  absence  of  a  quorum,  118. 
Sabbath  schools,  66  (g.) 
Singing  of  the  church,  66  (h.) 
Suspension,  mode  of  inflicting  sentence  of,  359-361. 

mode  of  restoring  from,  362. 
Time,  limitation  of,  307. 


INDEX.  343 

Trial,  opening  of,  duty  of  moderator,  325. 

charges  and  specifications  to  be  read,  326. 
if  the  accused  plead  guilty,  327. 
if  the  accused  plead  not  guilty,  328. 
witnesses,  how  examined,  328,  338-340. 
witnesses,  competent  and  credible,  329-332. 
witnesses,  number  to  establish  a  charge,  334. 
husband  and  wife,  333. 

a  member  of  the  judicatory  may  be  a  witness,  335. 
no  witness  must  be  examined  in  the  presence  of 

another,  336. 
form  of  oath  for  witnesses,  337. 
commission' to  take  testimony,  341. 
questions  to  and  answers  of  witnesses  in  writing, 

342. 
appeals  from  the  chair,  how  taken,  exception, 

343,  344. 
closing  arguments,  345,  346. 
after  pleadings  court  to  decide,  347. 
the  sentence,   348-350. 
sentence  of,  how  published,  351,  355,  356, 
judgment  must  be  entered  on  the  records,  352. 
clerk  not  to  give  copies  of  proceedings  on  his 

own  authority,  353. 
how  the  proceedings  are  to  be  recorded,  354. 
records  of,  authenticated,  sufficient  evidence,  355. 
testimony  of  a  different  court,  356. 
new,  when  proper,  384. 

order  for,  does  not  restore  defendant,  392. 
refused,  complaint  may  lie,  391. 
Testimony,  new,  384-386. 


344  INDEX. 

Testimony,  new,  how  to  be  considered  by  an  appellate 

court,  387-390. 
Trustees,  importance  of,  195. 
Witnesses,  must  be  cited,  314,  315. 

names  of,  must  be  given  to  the  accused,  316. 

refusing  to  obey,  318. 

how  examined,  328,  336,  338-340. 

competent  and  credible,  329-332. 

husband  and  wife,  333. 

number  to  establish  a  charge,  334. 

member  of  the  court  may  be  a,  335. 

how  sworn,  337. 

examined  by  commission,  341,  377. 

questions  to,  and  answers  must  be  reduced  to 
writing,  342. 

Appendix. 

Rules  of  the  General  Assembly,  A. 

Act  of  incorporation,  B. 

By-laws,  C. 

Form  of  admission  into  church  from  the  world,  D. 

Form  of  docket  for  church  court,  E. 

Form  of  bequests  to  the  boards,  F. 

Certificate  of  dismission  of  a  minister  of  the  church,  Q. 

Certificate  of  reception,  H. 

Letter  of  credence,  I. 

Dismission  of  a  minister,  K. 

Dismission  of  a  licentiate,  L. 

Certificate  of  marriage,  M. 


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